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
Tags: Abandoned Applications, issue fee, patent prosecution, Provisional Applications