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.”

To learn more:

Tags: express abandonment, formal abandonment, patent application, USPTO