Can an express abandonment of a patent application be withdrawn?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Generally, an express abandonment of a patent application cannot be withdrawn once it has been recognized by the Office. As stated in MPEP 711.01:

‘An express abandonment, when recognized by the Office, is generally not withdrawable.’

However, there are rare exceptions where the Office may allow withdrawal of an express abandonment:

• If the abandonment was not properly signed
• If the abandonment was filed in an application that was not pending
• In extraordinary situations, to prevent injustice

It’s important to note that these exceptions are extremely rare, and applicants should carefully consider their decision before filing an express abandonment.