What causes an international application to become abandoned in the United States?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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.
An international application becomes abandoned in the United States if the following requirements are not satisfied before the expiration of 30 months from the priority date:
- Submission of the basic national fee
- Submission of a copy of the international application (if necessary)
As stated in MPEP 1893.02: “If the requirements for the submission of the basic national fee and a copy of the international application (if necessary) prior to the expiration of 30 months from the priority date are not satisfied, then the international application becomes abandoned as to the United States.” This is in accordance with 37 CFR 1.495(h).