What actions can lead to unintentional abandonment of a patent application?

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.

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.