Can an attorney or agent formally abandon my patent application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, an attorney or agent of record can formally abandon your patent application. MPEP 203.05 states that an application can be abandoned:

“through formal abandonment by the applicant or by the attorney or agent of record”

This means that your authorized representative has the power to formally abandon your application. However, they should only do so with your consent or under specific circumstances outlined in their agreement with you. It’s important to maintain clear communication with your patent attorney or agent regarding the status and decisions related to your application.

Topics: MPEP 200 – Types and Status of Application; Benefit and Priority Patent Law Patent Procedure
Tags: Disclosure Individuals, Disclosure Timing, Materiality Standard, Prima Facie Case