What are some special situations involving abandonment in patent applications?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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 MPEP outlines several special situations involving abandonment in patent applications: Copying claims from a patent without USPTO suggestion Withdrawal of or failure to prosecute an appeal to the Patent Trial and Appeal Board Dismissal of appeal to the Court of Appeals for the Federal Circuit or civil action Claims suggested for interference near the end of the reply period Filing of a continued prosecution application (CPA) Improper filing of a Request for Continued Examination (RCE) Failure to submit a timely reply to a final Office action when an RCE is filed Improper RCE filing in an allowed application before payment of the issue fee For detailed information on these situations, refer to MPEP § 711.02(b) . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Abandonment After Non-Final Office Action Deadline MPEP 711.04(a) Permitted Continued Prosecution Abandons Prior Design Application MPEP 711.01 Extension of Reply Period Due to Office Closure MPEP 711.04(a) Permitted 3 Month Period After Non-Final Office Action Expiration MPEP 711.04(a) Permitted 3 Month Reply Period After Non-Final Office Action MPEP 711.04(a) Permitted Attorney Can Abandon Prior Patent Application When Filing Continuing Application MPEP 711 Permitted Express Abandonment of Patent Application MPEP 711 Permitted Abandonment of Patent Application MPEP 711 3 Month Period After Non-Final Office Action Expired MPEP 711.04(a) Permitted Reply Required Within Time Period Otherwise Abandoned MPEP 711 Other Related FAQs 5 FAQs Collapse What happens if an applicant fails to respond to a request for a property rights statement? When is a provisional patent application considered abandoned? What hap...