How is the date of abandonment determined for a patent application?

The date of abandonment for a patent application is determined based on the expiration of the set shortened statutory period, including any extensions. It’s typically the day after the period expires.

MPEP 711.04(a) provides clear examples: “A non-final Office action was mailed on May 15, 2019 and set a 3 month shortened statutory period that expired on Thursday, August 15, 2019, which was a normal business day when the Office was open. In this situation, the date of abandonment is Friday, August 16, 2019.”

This example illustrates that the date of abandonment is the day following the expiration of the shortened statutory period, assuming no reply is filed and no extension of time is sought.

To learn more:

• patent abandonment
• statutory period
• abandonment date

To learn more:

• date of abandonment
• patent application
• failure to reply
• issue fee
• express abandonment