What are the different ways a patent application can become abandoned?
According to MPEP 203.05, a patent application can become abandoned in several ways:
- Through formal abandonment by the applicant or their attorney/agent
- Failure to take appropriate action during prosecution
- Failure to pay the issue fee
- For provisional applications, not filing a nonprovisional application within 12 months
The MPEP states: “An abandoned application is, inter alia, one which is removed from the Office docket of pending applications” due to these reasons.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure