What is the difference between express and implied abandonment of a patent application?
What is the difference between express and implied abandonment of a patent application?
Express and implied abandonment are two ways a patent application can be abandoned. The MPEP 711 provides guidance on both types:
Express Abandonment: This occurs when an applicant explicitly declares their intention to abandon the application. The MPEP states:
Express abandonment of an application may be accomplished by filing in the United States Patent and Trademark Office a written declaration of abandonment identifying the application.
Implied Abandonment: This happens when the applicant fails to take required actions within specified time limits. The MPEP explains:
Abandonment may result from a failure to make timely response to an official action by the Patent and Trademark Office or to act in some other required way.
The key difference is that express abandonment is a deliberate action by the applicant, while implied abandonment occurs by operation of law due to inaction or missed deadlines.
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