How can I file an express abandonment to avoid publication of my patent application?

To avoid publication of your patent application through express abandonment, you can file a petition under 37 CFR 1.138(c). The MPEP states: A petition under 37 CFR 1.138(c) will not stop publication of the application unless it is recognized and acted on by the Pre-Grant Publication Division in sufficient time to avoid publication. To increase the chances of success, it’s recommended to:

  • File electronically using EFS-Web
  • Submit the petition at least four weeks prior to the projected publication date
  • Include the petition fee set forth in 37 CFR 1.17(h)

To learn more:

To learn more:

Tags: express abandonment, Patent Publication, petition