Can the date of abandonment be different from the date on the Notice of Abandonment?

Can the date of abandonment be different from the date on the Notice of Abandonment?

Yes, the actual date of abandonment can be different from the date on the Notice of Abandonment issued by the USPTO. As stated in MPEP 711.04(a):

‘The date of abandonment may be earlier than the date of recognition of abandonment by the Office.’

This means that:

  • The actual abandonment occurs when the conditions for abandonment are met (e.g., missed deadline, unpaid fee).
  • The Notice of Abandonment is typically issued later, after the Office recognizes the abandonment.
  • The date on the Notice might reflect when the Office processed the abandonment, not the actual date it occurred.

It’s crucial for applicants to be aware of their application status and deadlines, as the legal date of abandonment is based on when the conditions were met, regardless of when the Notice was issued.

To learn more:

Tags: notice of abandonment