What are the two main ways a patent application can be abandoned?

According to MPEP 711, there are two primary ways a patent application can be abandoned:

1. Failure to reply within the time period: This is governed by 37 CFR 1.135. If an applicant fails to respond to an Office action or other USPTO communication within the specified timeframe, the application may be considered abandoned.
2. Express abandonment: This is covered by 37 CFR 1.138. An applicant can voluntarily abandon their application by filing an express abandonment request.

The MPEP states: “An abandoned application, in accordance with 37 CFR 1.135 and 1.138, is one which is removed from the Office docket of pending applications through:” followed by these two methods.

To learn more:

• patent abandonment
• application abandonment
• express abandonment
• failure to reply