What is express abandonment of a patent application?

Express abandonment is a formal procedure where an applicant or their attorney/agent voluntarily abandons a patent application. According to MPEP 711.01, A letter of abandonment properly signed becomes effective when an appropriate official of the Office takes action thereon. This means the abandonment is officially recognized when processed by the USPTO. To learn more: express…

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How does a declaration of express abandonment affect the application status?

How does a declaration of express abandonment affect the application status? A declaration of express abandonment has an immediate effect on the application status. According to MPEP 711.02(b): “Where an applicant expressly abandons an application pursuant to 37 CFR 1.138, the application will be considered terminated as of the date the express abandonment is received…

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Can an express abandonment be rescinded or withdrawn?

Can an express abandonment be rescinded or withdrawn? Generally, an express abandonment cannot be rescinded or withdrawn once it has been recognized by the Office. The MPEP 711.01 states: ‘Once an express abandonment is recognized by the Office, the file will be processed as an abandoned application and the abandonment cannot be withdrawn.’ This means…

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Can an express abandonment be withdrawn or revoked?

Generally, an express abandonment cannot be withdrawn or revoked once it has been recognized by the Office. The MPEP 711.01 states: “A letter of express abandonment which is personally delivered to the Office on a Saturday, Sunday, or federal holiday within the District of Columbia, will be deemed to be received on the next succeeding…

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What forms are available for filing an express abandonment?

The USPTO provides several forms for filing express abandonment, depending on the specific circumstances. According to MPEP 711.01, Section V, the following forms are available: Form PTO/AIA/24 (or PTO/SB/24 for pre-AIA applications): For filing a general letter of express abandonment or abandonment in favor of a continuing application Form PTO/AIA/24A (or PTO/SB/24A for pre-AIA applications):…

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