Can an express abandonment be withdrawn or revoked?

Generally, an express abandonment cannot be withdrawn or revoked once it has been recognized by the Office.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 secular or business day and, thus, would be effective to abandon the application as of the date of receipt of the letter.”

This means that once the Office receives and processes the express abandonment, it becomes effective immediately. There is no provision for withdrawing or revoking an express abandonment after it has been recognized by the USPTO.

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Tags: express abandonment, patent application, revocation, USPTO