What are the circumstances under which a patent application becomes ‘abandoned’?

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.

MPEP 203.05 outlines several circumstances under which a patent application can become abandoned:

1. Through formal abandonment by the applicant or by the attorney or agent of record;
2. Through failure of applicant to take appropriate action at some stage in the prosecution of a nonprovisional application;
3. For failure to pay the issue fee (see MPEP § 711 to § 711.05); or
4. In the case of a provisional application, no later than 12 months after the filing date of the provisional application (see MPEP § 711.03(c) and 35 U.S.C. 111(b)(5)).

An abandoned application is removed from the Office docket of pending applications. It’s important to note that abandonment can occur unintentionally, such as missing a deadline, or intentionally, such as when an applicant decides not to pursue the application further.