What happens if a prior-filed application is abandoned?

What happens if a prior-filed application is abandoned?

If a prior-filed application is abandoned, it may still be used to claim the benefit of priority for a later-filed application, provided certain conditions are met. According to MPEP 211.01:

‘An abandoned application may be used as a prior application for purposes of claiming benefit under 35 U.S.C. 120, 121, 365(c), or 386(c) in a later-filed application when the abandoned application discloses the invention adequately and completely.’

However, it’s important to note that the abandoned application must still meet all the requirements for claiming benefit, including:

• Adequate disclosure of the invention
• Proper copendency (if applicable)
• Specific reference to the prior application in the later-filed application

If these conditions are met, the abandoned status of the prior application does not prevent it from serving as a basis for claiming benefit in a later application.

To learn more:

• abandoned application
• priority claim
• benefit claim
• prior-filed application