MPEP § 1893.02 — Abandonment (Annotated Rules)

§1893.02 Abandonment

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 1893.02, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Abandonment

This section addresses Abandonment. Primary authority: 37 CFR 1.495(h), 37 CFR 1.10, and 37 CFR 1.495(b). Contains: 2 guidance statements, 2 permissions, and 3 other statements.

Key Rules

Topic

Nationals and Residents

2 rules
StatutoryInformativeAlways
[mpep-1893-02-2af87e717dd6f027ed72db87]
Missing Filing Requirements Lead to Abandonment
Note:
If the basic national fee and international application copy are not submitted within 30 months from the priority date, the US application will be abandoned.

If the requirements for the submission of the basic national fee and a copy of the international application (if necessary) prior to the expiration of 30 months from the priority date are not satisfied, then the international application becomes abandoned as to the United States. 37 CFR 1.495(h). Should online filing and/or fee payment via the USPTO patent electronic filing system become unavailable due to a system outage, applicant may need to use an alternative filing method such as hand-delivery to the USPTO or the Priority Mail Express® service of the United States Postal Service (USPS) in accordance with 37 CFR 1.10 to meet the requirements of 37 CFR 1.495(b). For more information about filing via the USPTO patent electronic filing system, see the Legal Framework for Patent Electronic System available from www.uspto.gov/patents/apply/filing-online/ legal-framework-efs-web.

Jump to MPEP Source · 37 CFR 1.495(h)Nationals and ResidentsReceiving Office (RO/US)National Stage Entry Requirements
StatutoryRecommendedAlways
[mpep-1893-02-406343b1023b9c63ff18fbf7]
Alternate Filing Methods Required During System Outage
Note:
Applicants must use hand-delivery or Priority Mail Express when the USPTO electronic filing system is unavailable to meet filing and fee payment requirements.

If the requirements for the submission of the basic national fee and a copy of the international application (if necessary) prior to the expiration of 30 months from the priority date are not satisfied, then the international application becomes abandoned as to the United States. 37 CFR 1.495(h). Should online filing and/or fee payment via the USPTO patent electronic filing system become unavailable due to a system outage, applicant may need to use an alternative filing method such as hand-delivery to the USPTO or the Priority Mail Express® service of the United States Postal Service (USPS) in accordance with 37 CFR 1.10 to meet the requirements of 37 CFR 1.495(b). For more information about filing via the USPTO patent electronic filing system, see the Legal Framework for Patent Electronic System available from www.uspto.gov/patents/apply/filing-online/ legal-framework-efs-web.

Jump to MPEP Source · 37 CFR 1.495(h)Nationals and ResidentsNational Stage Entry RequirementsPriority Mail Express
Topic

Maintenance Fee Amounts

2 rules
StatutoryRecommendedAlways
[mpep-1893-02-88c2c246da2c937525d1b98c]
Papers Filed for National Stage May Be Deficient
Note:
Examiners and applicants should be aware that papers filed for the national stage may be deficient, leading to abandonment if requirements are not met.

Examiners and applicants should be aware that sometimes papers filed for the national stage are deficient and abandonment results. For example, if the fee submitted does not include at least the amount of the basic national fee that is due, the application becomes abandoned.

Jump to MPEP SourceMaintenance Fee AmountsMaintenance Fee PaymentFee Requirements
StatutoryInformativeAlways
[mpep-1893-02-8e799274fa2820eb4e054a4e]
Basic National Fee Requirement
Note:
The application becomes abandoned if the submitted fee does not include at least the amount of the basic national fee that is due.

Examiners and applicants should be aware that sometimes papers filed for the national stage are deficient and abandonment results. For example, if the fee submitted does not include at least the amount of the basic national fee that is due, the application becomes abandoned.

Jump to MPEP SourceMaintenance Fee AmountsMaintenance Fee PaymentFee Requirements
Topic

Petition to Revive (37 CFR 1.137)

2 rules
StatutoryPermittedAlways
[mpep-1893-02-60474131eba6f0a4d8fadc2b]
Petition to Revive Abandoned Application Permitted
Note:
Applicant may file a petition to revive an abandoned application according to the provisions of 37 CFR 1.137.

Applicant may file a petition to revive an abandoned application in accordance with the provisions of 37 CFR 1.137. See MPEP § 711.03(c). For applicant’s convenience, applicant may use Form PTO/SB/64PCT for this purpose. This form is available online at www.uspto.gov/patent/ patents-forms.

Jump to MPEP Source · 37 CFR 1.137Petition to Revive (37 CFR 1.137)Revival of Abandoned ApplicationCommon Petition Types
StatutoryPermittedAlways
[mpep-1893-02-dbe55df404b709232cfa0f7a]
Petition to Revive Application Using Form PTO/SB/64PCT
Note:
Applicant may use Form PTO/SB/64PCT for filing a petition to revive an abandoned application.

Applicant may file a petition to revive an abandoned application in accordance with the provisions of 37 CFR 1.137. See MPEP § 711.03(c). For applicant’s convenience, applicant may use Form PTO/SB/64PCT for this purpose. This form is available online at www.uspto.gov/patent/ patents-forms.

Jump to MPEP Source · 37 CFR 1.137Petition to Revive (37 CFR 1.137)Abandonment Status & RecordsRevival of Abandoned Application
Topic

National Stage Entry Requirements

1 rules
StatutoryInformativeAlways
[mpep-1893-02-9f727fe214336cb8f0dcb369]
Filing Requirements for National Stage Entry
Note:
The rule requires the submission of basic national fees and a copy of the international application before the 30-month priority date to avoid abandonment in the United States.

If the requirements for the submission of the basic national fee and a copy of the international application (if necessary) prior to the expiration of 30 months from the priority date are not satisfied, then the international application becomes abandoned as to the United States. 37 CFR 1.495(h). Should online filing and/or fee payment via the USPTO patent electronic filing system become unavailable due to a system outage, applicant may need to use an alternative filing method such as hand-delivery to the USPTO or the Priority Mail Express® service of the United States Postal Service (USPS) in accordance with 37 CFR 1.10 to meet the requirements of 37 CFR 1.495(b). For more information about filing via the USPTO patent electronic filing system, see the Legal Framework for Patent Electronic System available from www.uspto.gov/patents/apply/filing-online/ legal-framework-efs-web.

Jump to MPEP Source · 37 CFR 1.495(h)National Stage Entry RequirementsNationals and ResidentsReceiving Office (RO/US)
Topic

PCT International Application Filing

1 rules
StatutoryInformativeAlways
[mpep-1893-02-bbbdfb9ee9ba969b44277fc8]
Electronic Filing via USPTO System Required for PCT Applications
Note:
The rule requires that electronic filing and fee payment through the USPTO patent electronic system be used for PCT applications, or an alternative method must be employed if the system is unavailable.

If the requirements for the submission of the basic national fee and a copy of the international application (if necessary) prior to the expiration of 30 months from the priority date are not satisfied, then the international application becomes abandoned as to the United States. 37 CFR 1.495(h). Should online filing and/or fee payment via the USPTO patent electronic filing system become unavailable due to a system outage, applicant may need to use an alternative filing method such as hand-delivery to the USPTO or the Priority Mail Express® service of the United States Postal Service (USPS) in accordance with 37 CFR 1.10 to meet the requirements of 37 CFR 1.495(b). For more information about filing via the USPTO patent electronic filing system, see the Legal Framework for Patent Electronic System available from www.uspto.gov/patents/apply/filing-online/ legal-framework-efs-web.

Jump to MPEP Source · 37 CFR 1.495(h)PCT International Application FilingNationals and ResidentsReceiving Office (RO/US)
Topic

International Stage Fees

1 rules
StatutoryInformativeAlways
[mpep-1893-02-619d5fa285435e87ff3ccaff]
Missing International Fees Cause Abandonment
Note:
If international fees are not timely paid, the application will become abandoned.

If the requirements under 37 CFR 1.495(b) are timely met, but the requirements under 37 CFR 1.495(c) for an English translation of the international application, oath/declaration, search fee, examination fee and application size fee are not met within a time period set in a notice provided by the Office, then the application will become abandoned upon expiration of the time period set in the notice. See 37 CFR 1.495(c)(2).

Jump to MPEP Source · 37 CFR 1.495(b)International Stage FeesNational Stage FeesSearch in National Stage
Topic

Abandonment Status & Records

1 rules
StatutoryInformativeAlways
[mpep-1893-02-925dbabbe459c006185ec037]
Petition to Revive Abandoned Application
Note:
Applicant may file a petition to revive an abandoned application using Form PTO/SB/64PCT.

Applicant may file a petition to revive an abandoned application in accordance with the provisions of 37 CFR 1.137. See MPEP § 711.03(c). For applicant’s convenience, applicant may use Form PTO/SB/64PCT for this purpose. This form is available online at www.uspto.gov/patent/ patents-forms.

Jump to MPEP Source · 37 CFR 1.137Abandonment Status & RecordsPetition to Revive (37 CFR 1.137)Revival of Abandoned Application

Citations

Primary topicCitation
National Stage Entry Requirements
Nationals and Residents
PCT International Application Filing
37 CFR § 1.10
Abandonment Status & Records
Petition to Revive (37 CFR 1.137)
37 CFR § 1.137
International Stage Fees
National Stage Entry Requirements
Nationals and Residents
PCT International Application Filing
37 CFR § 1.495(b)
International Stage Fees37 CFR § 1.495(c)
International Stage Fees37 CFR § 1.495(c)(2)
National Stage Entry Requirements
Nationals and Residents
PCT International Application Filing
37 CFR § 1.495(h)
Abandonment Status & Records
Petition to Revive (37 CFR 1.137)
MPEP § 711.03(c)

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31