What are the different ways a patent application can become abandoned?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

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.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Patent Law Patent Procedure
Tags: Disclosure Individuals, Disclosure Timing, Materiality Standard, Prima Facie Case