What happens to an application after it becomes abandoned?

After an application becomes abandoned, it is no longer pending and is removed from the USPTO’s active files. The application file, however, is retained in storage for a period as determined by the USPTO. During this retention period, certain actions may still be possible:

1. The applicant may file a petition to revive the application if the abandonment was unintentional or unavoidable.
2. The application may serve as a basis for claiming benefit in a later-filed application, subject to certain conditions.
3. The application may be used as prior art against other applications.
4. The public may request access to the application file if it has been opened to public inspection.

It’s important to note that once an application is abandoned, it cannot be used as the basis for a statutory invention registration. For more details on abandoned applications, see MPEP 203.05 and MPEP 711.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Claims, MPEP 203 - Status of Applications, Patent Law, Patent Procedure
Tags: patent application status, revival of applications, unpublished abandoned applications, USPTO procedures