How does reapplying for a patent after abandoning a previous application affect rights under pre-AIA 35 U.S.C. 102(c)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. Reapplying for a patent after abandoning a previous application does not necessarily constitute abandonment under pre-AIA 35 U.S.C. 102(c). According to MPEP 2134 : “Where there is no evidence of expressed intent or conduct by inventor to abandon the invention, delay in reapplying for patent after abandonment of a previous application does not constitute abandonment under pre-AIA 35 U.S.C. 102(c).” This means that if an inventor abandons a patent application but later decides to reapply for a patent on the same invention, this action alone does not indicate an intent to abandon the invention itself. The key factor is whether there is evidence of the inventor’s intent to abandon the invention, not just the application. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Delay in Reapplying Does Not Constitute Abandonment MPEP 2134 Intent to Abandon Invention Must Be Explicit MPEP 2134 Recommended Abandonment of Invention Results in Loss of Patent Right MPEP 2134 Delay Not Abandonment Without Intent MPEP 2134 Inventor Abandons Invention After Delay and Promotion by Others MPEP 2134 Abandonment Requires Deliberate Surrender of Patent Rights MPEP 2134 Abandonment of Unclaimed Disclosure Rebuttable by Application MPEP 2134 Disclosure Without Claim Does Not Invalidate Application MPEP 2134 Invention Must Be Deliberately Dedicated to Public MPEP 2134 Inventor Must Dedicate Invention to Public Intentionally MPEP 2134 Required Other Related FAQs 5 FAQs Collapse What constitutes abandonment under pre-AIA 35 U.S.C. 102(c)? Does delay in filing a patent application automatically result in abandonment? Can disclosure without claiming in a prior issued patent lead to abandonment ...