How does an abandoned patent application affect conception?

An abandoned patent application can have significant implications for the concept of conception in patent law. According to MPEP 2138.04:

“An abandoned application with which no subsequent application was copending serves to abandon benefit of the application’s filing as a constructive reduction to practice and the abandoned application is evidence only of conception.”

This statement from the case In re Costello, 717 F.2d 1346, 1350, 219 USPQ 389, 392 (Fed. Cir. 1983) means that:

• If a patent application is abandoned and no other related application was filed while it was pending (copending), the abandoned application loses its status as a constructive reduction to practice.
• However, the abandoned application can still serve as evidence of conception of the invention at the time it was filed.
• This can be important in determining priority dates or in cases of competing inventions.

It’s crucial to note that this only applies to abandoned applications with no copending related applications. If there are related applications that were copending, different rules may apply regarding the benefit of the earlier filing date.

To learn more:

• abandoned applications
• conception
• constructive reduction to practice
• priority dates