What is the difference between statutory abandonment and express abandonment?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

There are two primary types of abandonment for patent applications: statutory abandonment and express abandonment. The MPEP 711.02 primarily deals with statutory abandonment, which occurs when an applicant fails to take a required action within the statutory period. However, it’s important to understand the distinction:

• Statutory Abandonment: Occurs by operation of law when an applicant fails to respond to an Office action within the set time period. This is described in MPEP 711.02.
• Express Abandonment: Occurs when an applicant deliberately abandons their application by filing a written declaration of abandonment. This is covered in MPEP 711.01.

The key difference is that statutory abandonment is unintentional and can potentially be revived, while express abandonment is a deliberate action by the applicant and is generally irreversible.