Can an express abandonment be rescinded or withdrawn?

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.

Generally, an express abandonment cannot be rescinded or withdrawn once it has been recognized by the Office.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is recognized by the Office, the file will be processed as an abandoned application and the abandonment cannot be withdrawn.’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 that once you have formally expressed your intention to abandon an application and the USPTO has processed it, you cannot change your mind and undo the abandonment. It’s crucial to carefully consider the decision to expressly abandon an application, as it is typically irreversible.

However, there may be rare exceptions in cases of clear Office error. If you believe there has been an Office error in processing an express abandonment, you should contact the USPTO immediately for guidance.