What is the difference between a ‘rejected’ and an ‘abandoned’ patent application?

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.

A ‘rejected’ patent application and an ‘abandoned’ patent application represent different stages in the patent examination process:

• Rejected Application: As per MPEP 203.02, this is an application with an unanswered examiner’s action. The applicant still has the opportunity to respond within the allotted reply period.
• Abandoned Application: This occurs when the applicant fails to respond to the examiner’s action within the specified time frame, effectively ending the examination process.

The MPEP states:

Its status as a ‘rejected’ application continues as such until acted upon by the applicant in reply to the examiner’s action (within the allotted reply period), or until it becomes abandoned.

Thus, a ‘rejected’ application can become ‘abandoned’ if the applicant doesn’t respond in time, but an ‘abandoned’ application cannot revert to ‘rejected’ status without additional procedures.