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…
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