What actions can lead to unintentional abandonment of a patent application?
Several actions or inactions can lead to unintentional abandonment of a patent application. The MPEP 711.02 provides guidance on this:
“Abandonment may result from a failure to reply to an Office action within the period for reply… or from a failure to pay certain fees within the prescribed time limit.”
Common causes of unintentional abandonment include:
- Missing the deadline to respond to an Office action
- Failing to pay required fees on time
- Not filing a proper continuation application before the parent application is abandoned
- Miscommunication between the applicant and their patent attorney
It’s crucial for applicants to stay vigilant and maintain clear communication with their legal representatives to avoid unintentional abandonment.
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