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?

There are two main types of abandonment in patent applications:

• Express abandonment: This occurs when the applicant deliberately abandons the application by filing a written declaration of abandonment. As stated in MPEP 711, ‘Express abandonment of the application may be accomplished by filing in the United States Patent and Trademark Office a written declaration of abandonment identifying the application.’
• Abandonment by failure to reply: This happens when the applicant fails to respond to an Office action within the specified time period. The MPEP 711 notes, ‘Abandonment may result from a failure to reply to an Office action within the period for reply set in the Office action.’

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.

To learn more:

• patent abandonment
• express abandonment
• failure to reply
• USPTO procedures

To learn more:

• abandonment by failure to reply
• patent application abandonment