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

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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. According to MPEP 711 , there are two primary ways a patent application can be abandoned: 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Express Abandonment of Patent Application MPEP 711 Permitted Reply Required Within Time Period Otherwise Abandoned MPEP 711 Abandonment of Patent Application MPEP 711 Continuing Application Can Request Prior Abandonment MPEP 711.01 Abandonment After Non-Final Office Action Deadline MPEP 711.04(a) Permitted New Time Period for Inadvertently Omitted Matter in Reply to Non-Final Office Action MPEP 711 Permitted Express Abandonment Must Be Timely Received MPEP 711 Prohibited Attorney Can Abandon Prior Patent Application When Filing Continuing Application MPEP 711 Permitted Petition for Express Abandonment Before Publication MPEP 711 Required Time Period for Supplying Omitted Matter MPEP 711.03(c) Permitted Other Related FAQs 5 FAQs Collapse What happens if an applicant fails to respond to a request for a property rights statement? When is a provisional patent application considered abandoned? What happens to abandoned applications that are later revived? W...