What are the reasons for accepting an express abandonment after the issue fee has been paid?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 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 USPTO may accept an express abandonment after the issue fee has been paid under specific circumstances. According to MPEP 711.05 , these reasons are outlined in 37 CFR 1.313(c) , which includes: A mistake on the part of the Office A violation of the duty of disclosure under 37 CFR 1.56 An unpatentability of one or more claims Additionally, the USPTO may consider a request under 37 CFR 1.183 to suspend the rules in extraordinary situations. Applicants must provide a strong justification for their request to be considered. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Express Abandonment After Issue Fee Requires Justification MPEP 711.05 Express Abandonment Must Be Timely Received MPEP 711 Prohibited Petition for Express Abandonment Before Publication MPEP 711 Required Express Abandonment of Patent Application MPEP 711 Permitted Issue Fee Must Be Paid at New Status Amount MPEP 711.03(c) Petition to Withdraw Application from Issue After Payment of Issue Fee MPEP 711.01 Reply Required Within Time Period Otherwise Abandoned MPEP 711 Reply Required to Save Application from Abandonment MPEP 711 Required Amendments Not Saving Application from Abandonment MPEP 711 New Time Period for Inadvertently Omitted Matter in Reply to Non-Final Office Action MPEP 711 Permitted Other Related FAQs 5 FAQs Collapse Can I submit a letter of abandonment after paying the issue fee? How does MPEP 711.05 relate to other sections of the MPEP regarding abandonment? What happens if a letter of abandonment is received after a patent application is allowed? What happens if an applicant fails to respond to a request for a property rights statement? When is a provisional patent application c...