What does “termination of proceedings” mean in patent applications?
“Termination of proceedings” is a term found in 35 U.S.C. 120 and refers to the end of prosecution for a patent application. Proceedings are considered terminated in the following situations:
- When the issue fee is not paid and the application is abandoned
- In interference cases where all claims correspond to the counts and the application loses the interference
- After a decision by the Patent Trial and Appeal Board
- After a decision by the court
The MPEP states: “‘Termination of proceedings’ is an expression found in 35 U.S.C. 120. As there stated, a second application is considered to be copending with an earlier application if it is filed before (A) the patenting, (B) the abandonment of, or (C) termination of proceedings on the earlier application.“
For more details on termination of proceedings, see MPEP § 711.02(c).
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