What is the difference between express and formal abandonment of a patent application?
Express abandonment and formal abandonment are two ways to voluntarily abandon a patent application:
- Express abandonment is initiated by the applicant or their attorney/agent by filing a written declaration of abandonment.
- Formal abandonment occurs when the applicant fails to reply to an Office action within the set statutory period or shortened statutory period.
According to MPEP 711.01: “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.”
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