What constitutes abandonment under pre-AIA 35 U.S.C. 102(c)?
Abandonment under pre-AIA 35 U.S.C. 102(c) requires intentional action by the inventor. According to MPEP 2134: “Actual abandonment under pre-AIA 35 U.S.C. 102(c) requires that the inventor intend to abandon the invention, and intent can be implied from the inventor’s conduct with respect to the invention.” This means that the inventor must deliberately surrender their…
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