What is an abandoned patent application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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 Office docket of pending applications. According to MPEP 203.05, this can occur in several ways:

  • Through formal abandonment by the applicant or their attorney/agent
  • Due to failure of the applicant to take appropriate action during prosecution
  • For failure to pay the issue fee
  • In the case of a provisional application, no later than 12 months after the filing date

As stated in MPEP 203.05: An abandoned application is, inter alia, one which is removed from the Office docket of pending applications. The specific reasons for abandonment are listed in the same section.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Claims MPEP 203 - Status of Applications Patent Law Patent Procedure
Tags: Disclosure Individuals, Disclosure Timing, Materiality Standard, Notice Content Form, patent issuance