What does it mean when a patent application is ‘abandoned’?

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 abandoned patent application is one that has been removed from the USPTO’s docket of pending applications. According to MPEP 203.05, an application can become abandoned for several reasons:

An abandoned application is, inter alia, one which is removed from the Office docket of pending applications:

• Formal abandonment by the applicant or their attorney/agent
• Failure to take appropriate action during prosecution
• Failure to pay the issue fee
• For provisional applications, not filing a nonprovisional application within 12 months

Abandonment can have serious consequences, but in some cases, it may be possible to revive an abandoned application.

For more information on patent abandonment, visit: patent abandonment.