Can I rescind an express abandonment if my application is published anyway?
Unfortunately, once an express abandonment is recognized, it cannot be rescinded, even if the application is published. The MPEP explicitly addresses this situation:
“The petition for express abandonment to avoid publication will be granted when it is recognized in sufficient time to avoid publication and will be denied when it is not recognized in sufficient time to avoid publication of the application. This will avert the situation in which an applicant files a letter of express abandonment to avoid publication, the letter of express abandonment is not recognized in sufficient time to avoid publication, upon publication the applicant wishes to rescind the letter of express abandonment, and the Office cannot revive the application (once the letter of express abandonment is recognized) because the application was expressly and intentionally abandoned by the applicant.”
This policy ensures that the express abandonment process is final and prevents potential abuse of the system. Once an application is expressly abandoned, it cannot be revived, regardless of whether publication occurred.
To learn more: