What is the difference between express and unintentional abandonment of a patent application?
Express abandonment and unintentional abandonment are two distinct ways a patent application can be abandoned. According to MPEP 711:
‘Express abandonment occurs when an applicant deliberately chooses to abandon the application, while unintentional abandonment happens when an applicant fails to reply to an Office action within the set time period without intending to abandon the application.’
Express Abandonment:
- Deliberate action by the applicant
- Can be done through a written declaration
- Immediate effect upon recognition by the Office
Unintentional Abandonment:
- Results from failure to respond to Office actions
- May be revived under certain conditions
- Requires a petition and fee for revival
Understanding these differences is crucial for managing patent applications and knowing your options if abandonment occurs.
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