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

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.

To learn more:

• reapplying for patent
• abandoned application
• pre-AIA 35 U.S.C. 102(c)
• patent rights