How is the date of abandonment determined for a patent application?
How is the date of abandonment determined for a patent application?
The date of abandonment for a patent application is determined based on the type of abandonment and the circumstances surrounding it. According to MPEP 711.04(a), there are several scenarios:
- Failure to reply within the set time period: The date of abandonment is the day after the date set for reply.
- Failure to pay the issue fee: The date of abandonment is the date the issue fee was due.
- Express abandonment: The date of abandonment is the date of receipt of the express abandonment by the Office.
- Failure to timely file a proper oath or declaration: The date of abandonment is the date the Office mails a Notice of Abandonment.
The MPEP specifically states:
The date of abandonment may be the date on which the issue fee was due and not paid … or the date of the latest-permitted reply (e.g., in the case of a failure to reply to an Office action).
It’s crucial for applicants to be aware of these dates as they affect the possibility of reviving an application and may impact other patent-related deadlines.
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