What is the difference between statutory abandonment and express abandonment?

There are two primary types of abandonment for patent applications: statutory abandonment and express abandonment. The MPEP 711.02 primarily deals with statutory abandonment, which occurs when an applicant fails to take a required action within the statutory period. However, it’s important to understand the distinction: Statutory Abandonment: Occurs by operation of law when an applicant…

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Can I rescind an express abandonment if my application is published anyway?

Unfortunately, once an express abandonment is recognized, it cannot be rescinded, even if the application is published. The MPEP explicitly addresses this situation: “The petition for express abandonment to avoid publication will be granted when it is recognized in sufficient time to avoid publication and will be denied when it is not recognized in sufficient…

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What happens if my express abandonment petition is not recognized in time to avoid publication?

If your express abandonment petition is not recognized in time to avoid publication, the application will be published as scheduled. The MPEP explains: “If the application is not recognized as abandoned at least four weeks prior to the projected publication date, the Office will not be able to avoid publication of the application.” Furthermore: “This…

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What is express abandonment and how do I file for it?

Express abandonment is a procedure where an applicant voluntarily abandons their patent application, often to avoid publication. According to MPEP 1002.02(r), “Petitions for express abandonment to avoid publication of the application (should be directed to Mail Stop Express Abandonment), 37 CFR 1.138(c), MPEP § 711.01.” To file for express abandonment, you should: Prepare a petition…

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What is the deadline for filing an express abandonment to avoid publication?

While there’s no strict deadline, the MPEP provides a crucial timeframe for effectively avoiding publication: “Applicants should expect that the petition will not be granted and the application will be published in regular course unless such declaration of express abandonment and petition are received by the appropriate officials more than four weeks prior to the…

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