What is the date of abandonment for a utility or plant application?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

For a utility or plant application, the date of abandonment is determined as follows:

• If all claims are rejected, the application becomes abandoned on the date after the period for reply expires.
• If some claims are allowed, the application becomes abandoned on the date after the shortened statutory period expires.

As stated in MPEP 711.04(a): ‘The date of abandonment of an application is the date on which the reply, appeal brief, or notice of appeal is due but not filed.’ This applies to both situations where all claims are rejected or some claims are allowed.