Can I submit additional information after my patent application has been abandoned?

According to MPEP 508.02, submitting additional information after a patent application has been abandoned is generally not possible. The section states:

“After an application is patented or abandoned, any incoming communication which is not to become part of the record will be returned to the sender.”

This means that once an application is abandoned, the USPTO will typically return any new submissions related to that application. However, there are some exceptions:

• Petitions to revive the abandoned application
• Requests for continued examination (RCE) in certain circumstances
• Appeals to the Patent Trial and Appeal Board, if filed within the appropriate timeframe

If you wish to submit additional information after abandonment, you should consult with a patent attorney to determine if any of these options are available in your specific case.

To learn more:

• Abandoned applications
• Patent revival
• USPTO procedures