How are applications reviewed for possible abandonment?

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.

Applications are typically reviewed for possible abandonment after the maximum permissible period for extension of time under 37 CFR 1.136(a) plus one month has expired. The appropriate examiner carefully scrutinizes the applications to verify their abandoned status.

According to MPEP 711.04(a): “Applications are not ordinarily reviewed for possible abandonment until the maximum permissible period for which an extension of time under 37 CFR 1.136(a) plus 1 month has expired. The applications should be carefully scrutinized by the appropriate examiner to verify that they are actually abandoned.”