Can a patent application be abandoned unintentionally?
Can a patent application be abandoned unintentionally?
Yes, a patent application can be abandoned unintentionally. This often occurs when an applicant inadvertently misses a deadline or fails to respond to an Office action within the required time frame. The MPEP 711 states:
An application may become abandoned by failure to file a timely and proper reply to an office notice or action even if the applicant did not intend to abandon the application or to allow it to become abandoned.
If your application has been unintentionally abandoned, you may be able to revive it under certain conditions. The USPTO provides procedures for revival of an unintentionally abandoned application, but it’s crucial to act promptly and follow the specific requirements outlined in MPEP 711.03(c).
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