What is express abandonment and how do I file for it?
Express abandonment is a procedure where an applicant voluntarily abandons their patent application, often to avoid publication. According to MPEP 1002.02(r), “Petitions for express abandonment to avoid publication of the application (should be directed to Mail Stop Express Abandonment), 37 CFR 1.138(c), MPEP § 711.01.”
To file for express abandonment, you should:
- Prepare a petition clearly stating your intent to expressly abandon the application
- Direct the petition to “Mail Stop Express Abandonment”
- Ensure the petition reaches the USPTO at least four weeks prior to the projected publication date
- Include any required fee
It’s important to note that express abandonment is irrevocable once approved, so consider your decision carefully.
To learn more: