How does express abandonment affect continuation applications?

How does express abandonment affect continuation applications?

Express abandonment of a parent application can have significant implications for continuation applications. According to MPEP 711.01:

‘Applicants and their attorneys should be careful not to expressly abandon applications that are the parents of continuation applications where the parent application is to be abandoned in favor of the continuation application.’

This warning is crucial because:

• Abandoning a parent application can potentially impact the priority date of continuation applications.
• If the parent application is abandoned before the filing of a continuation, it may affect the continuation’s ability to claim priority to the parent.
• Improper timing of abandonment could result in a loss of patent rights.

To avoid complications, it’s recommended to:

1. File the continuation application before expressing abandonment of the parent application.
2. Ensure all necessary claims of priority are properly made in the continuation application.
3. Consult with a patent attorney to manage the timing and process of abandonment in relation to continuations.

To learn more:

• express abandonment
• continuation applications
• parent application
• priority date