How can an application become abandoned through an appeal process?

An application can become abandoned through the appeal process in two main ways:

1. Withdrawal or failure to prosecute an appeal: According to MPEP 711.02(b), ‘An application may become abandoned through withdrawal of, or failure to prosecute, an appeal to the Patent Trial and Appeal Board.’ For more details, refer to MPEP §§ 1215.01 to 1215.04.
2. Dismissal of an appeal: The MPEP states, ‘An application may become abandoned through dismissal of appeal to the Court of Appeals for the Federal Circuit or civil action, where there was not filed prior to such dismissal an amendment putting the application in condition for issue or fully responsive to the Board’s decision.’ This situation is further explained in MPEP §§ 1215.04 and 1216.01.

It’s crucial for applicants to carefully manage their appeals and respond appropriately to avoid unintentional abandonment.

To learn more:

• Patent Appeals
• Application Abandonment
• Patent Trial and Appeal Board
• Court of Appeals for the Federal Circuit