How does the USPTO notify applicants of application abandonment?

The USPTO has a specific procedure for notifying applicants when their patent applications become abandoned. According to the MPEP:

The Patent Examining Corps currently mails to the correspondence address of record, a Notice of Abandonment form PTOL-1432 in all applications which become abandoned for failure to prosecute.

However, it’s crucial to understand that:

  • Failure to receive this notice does not affect the abandoned status of an application.
  • The notice is intended to enable applicants to take prompt action to reinstate an inadvertently abandoned application.
  • In most cases, a petition to revive under 37 CFR 1.137 is the appropriate remedy for reinstatement.

Applicants should ensure their correspondence address is up-to-date with the USPTO to receive these important notices. The MPEP advises, it is imperative that a paper notifying the Office of a change of address be filed promptly in each application in which the correspondence address is to be changed.

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Tags: Correspondence Address, patent abandonment