What is the difference between abandonment of an invention and abandonment of a patent application?
The MPEP 711 makes an important distinction between abandonment of an invention and abandonment of a patent application. As stated in the MPEP:
“Abandonment may be either of the invention or of an application. This discussion is concerned with abandonment of the application for patent.”
Here’s the difference:
- Abandonment of an invention: This refers to actions that may cause an inventor to lose their right to patent an invention, such as public disclosure or sale beyond the grace period.
- Abandonment of a patent application: This refers to the procedural abandonment of a specific patent application, either through failure to respond to USPTO communications or through express abandonment. It doesn’t necessarily mean the invention itself is abandoned.
The MPEP 711 focuses on the procedural aspects of application abandonment, not on abandonment of the underlying invention.
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