What is the deadline for filing an express abandonment to avoid publication?
While there’s no strict deadline, the MPEP provides a crucial timeframe for effectively avoiding publication:
“Applicants should expect that the petition will not be granted and the application will be published in regular course unless such declaration of express abandonment and petition are received by the appropriate officials more than four weeks prior to the projected date of publication.”
Furthermore, the MPEP advises:
“Any applicant seeking to abandon the application for the purpose of avoiding publication must take appropriate action well prior to the projected publication date. If the application is not recognized as abandoned at least four weeks prior to the projected publication date, the Office will not be able to avoid publication of the application.”
To maximize the chances of success, it’s recommended to file the petition as early as possible, ideally more than four weeks before the projected publication date.
To learn more: