What are the requirements for a valid express abandonment of a patent application?
For a valid express abandonment of a patent application, the following requirements must be met:
- The abandonment must be in writing and signed by a party authorized to sign the application.
- The written abandonment must identify the application number and include a statement of intent to abandon the application.
- The abandonment must be filed in the USPTO during the pendency of the application.
As stated in MPEP 711.01: ‘An express abandonment must be filed in the Patent and Trademark Office during the pendency of the application, and will not be recognized if filed in an application not pending.’
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