Does delay in filing a patent application automatically result in abandonment?
No, delay alone in filing a patent application does not automatically result in abandonment under pre-AIA 35 U.S.C. 102(c). According to MPEP 2134:
“Delay alone is not sufficient to infer the requisite intent to abandon.”
The MPEP further clarifies that abandonment requires a deliberate surrender of rights to a patent. While delay might be a factor considered, it must be accompanied by other evidence of intent to abandon. For example, the MPEP cites a case where:
“The drafting and retention in his own files of two patent applications by inventor indicates an intent to retain his invention; delay in filing the applications was not sufficient to establish abandonment.”
However, inventors should be cautious, as prolonged inaction combined with other factors could potentially be interpreted as abandonment in some circumstances.
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