What forms are available for express abandonment to avoid publication?
The USPTO provides two forms for express abandonment to avoid publication: Form PTO/AIA/24A: For applications filed on or after September 16, 2012 Form PTO/SB/24A: For applications filed before September 16, 2012 Both forms are used for “Petition for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c)“. These forms can be found on the USPTO…
Read MoreWhat 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…
Read MoreCan 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Unfortunately, once an express abandonment is recognized, it cannot be rescinded, even if the application is published.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…
Read MoreWhat petitions are decided by the Director of Office of Data Management?
The Director of Office of Data Management decides on three main types of petitions: Petitions to withdraw holding of abandonment where a notice of abandonment has been, or could have been properly mailed by the Office of Data Management. Petitions for express abandonment to avoid publication of the application. Requests for republication of an application.…
Read MoreHow can an applicant avoid publication of their patent application?
There are several ways an applicant can avoid publication of their patent application, as outlined in MPEP 1120: File a nonpublication request: Applicants can file a nonpublication request in compliance with 37 CFR 1.213(a) at the time of filing the application. Express abandonment: Applicants can file a petition under 37 CFR 1.138(c) to expressly abandon…
Read MoreHow can I abandon my patent application to avoid publication?
To abandon a patent application to avoid publication, you must: File a petition under 37 CFR 1.138(c) Submit a declaration of express abandonment Pay the fee set forth in 37 CFR 1.17(h) The MPEP states: “Applicants seeking to abandon an application to avoid publication of the application are urged to do so by filing a…
Read MoreWhat forms should I use for express abandonment to avoid publication?
The MPEP specifies different forms based on the application filing date: For applications filed on or after September 16, 2012: Use form PTO/AIA/24A For applications filed before September 16, 2012: Use form PTO/SB/24A These forms are specifically designed for filing a petition for express abandonment to avoid publication under 37 CFR 1.138(c). The MPEP also…
Read MoreWhat 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…
Read MoreWhat 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…
Read MoreWhat 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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