What is the difference between a ‘rejected’ and an ‘abandoned’ patent application?
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.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure