How does express abandonment affect the publication of a patent application?
Express abandonment can be used to prevent the publication of a patent application if filed in a timely manner. The MPEP 711.01 states:
“An applicant may expressly abandon his or her application by filing a written declaration of abandonment identifying the application in the United States Patent and Trademark Office. Express abandonment of the application may be accomplished by filing a written declaration of abandonment identifying the application in the United States Patent and Trademark Office. …A letter of express abandonment which is personally delivered to the Office on a Saturday, Sunday, or federal holiday within the District of Columbia, will be deemed to be received on the next succeeding secular or business day and, thus, would be effective to abandon the application as of the date of receipt of the letter.”
To prevent publication, the express abandonment must be received by the Office more than four weeks before the projected publication date. If received later, the application may still be published despite the abandonment.
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