How does the USPTO notify applicants of patent 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 United States Patent and Trademark Office (USPTO) has specific procedures for notifying applicants when their patent applications are considered abandoned. According to MPEP 711:

‘When an application is abandoned, the Office should send a letter (Notice of Abandonment) to the applicant or the applicant’s attorney or agent of record, if any, notifying the applicant of the abandonment.’

The notification process typically includes:

  • Sending a Notice of Abandonment to the applicant or their representative
  • Providing the reason for abandonment in the notice
  • Including information about possible revival procedures

It’s important to note that while the USPTO makes efforts to notify applicants, the responsibility ultimately lies with the applicant to track deadlines and maintain the application’s active status. Regularly checking the status of your application through the USPTO’s Patent Application Information Retrieval (PAIR) system is recommended.

Tags: notice of abandonment, patent application status, USPTO notification