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

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.

To learn more:

• express abandonment
• issue fee
• 37 CFR 1.313(c)
• 37 CFR 1.183
• USPTO rules

To learn more:

• 37 CFR 1.313(c)
• 37 CFR 1.183