What happens to my priority claim if my patent application is abandoned?
What happens to my priority claim if my patent application is abandoned?
When a patent application is abandoned, it can affect your priority claim in subsequent applications. According to MPEP 711:
‘An application which has been expressly abandoned may not be revived as a pending application and cannot serve as a basis for any subsequent application or any priority claim.’
This means:
- If your application is expressly abandoned, you lose the ability to claim priority based on that application in future filings.
- For applications abandoned due to failure to reply, you may be able to revive the application and maintain the priority claim if you can show the delay was unavoidable or unintentional.
It’s crucial to understand that losing a priority claim can significantly impact your patent rights, especially in a competitive field. Always consult with a patent attorney before abandoning an application or if you need to revive an abandoned application to preserve priority.
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