What is the difference between express abandonment and abandonment by failure to reply?
What is the difference between express abandonment and abandonment by failure to reply?
Express abandonment and abandonment by failure to reply are two distinct ways an application can be abandoned:
- Express abandonment: This occurs when an applicant explicitly declares their intention to abandon the application. According to MPEP 711.01, ‘An express abandonment may be recognized by the Office before the end of the statutory period set for reply.’
- Abandonment by failure to reply: This happens when an applicant fails to respond to an Office action within the specified time period. As stated in MPEP 711, ‘Abandonment may result from a failure to reply to an Office action within the period for reply.’
The key difference is that express abandonment is a deliberate action by the applicant, while abandonment by failure to reply is a consequence of inaction.
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