What is the difference between express abandonment and failure to respond?
Express abandonment and failure to respond are two distinct ways a patent application can be abandoned, but they have important differences:
- Express abandonment is a voluntary action taken by the applicant to formally abandon the application. It requires a written statement filed with the USPTO during the pendency of the application.
- Failure to respond results in abandonment due to the applicant not replying to an Office action within the required time period.
According to MPEP 711.01:
‘An express abandonment is the filing in the United States Patent and Trademark Office of a written declaration that the application is abandoned.’
In contrast, abandonment by failure to respond is covered under MPEP 711.02 and occurs automatically after the expiration of the set time period for response.
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