How does the USPTO notify applicants of application abandonment?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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.

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.

Tags: Correspondence Address, patent abandonment, Uspto Notifications