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What options does an applicant have if an application is abandoned after reopening prosecution?

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What options does an applicant have if an application is abandoned after reopening prosecution?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
10 Rules5 Related FAQs

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.

If an application is abandoned after reopening prosecution following a withdrawal from issue, the applicant has specific options regarding the previously paid issue fee. According to MPEP 1308.01:

“If abandoned, applicant may request refund or credit to a deposit account.”

The applicant’s options include:

  • Requesting a refund of the previously paid issue fee
  • Requesting that the issue fee be credited to a deposit account

It’s important to note that these options are available specifically in the context of an application that has been withdrawn from issue, had prosecution reopened, and subsequently been abandoned. Applicants should consider their circumstances carefully when deciding which option to pursue.

  • Refund or Credit for Reopened Prosecution After Issue Fee PaidMPEP 1308.01Permitted
  • Previously Paid Issue Fee Can Be Reapplied If Application Is Again Found Allowable After Withdrawal From IssueMPEP 1308
  • Previously Paid Issue Fee Can Be Applied AgainMPEP 1308
  • Previously Paid Issue Fee Can Be Applied to New AllowanceMPEP 1308.01Permitted
  • Notice of Withdrawal From Issue When Fee PaidMPEP 1308Required
  • Requirement for Withdrawal from IssueMPEP 1308
  • Petition for Withdrawal from Issue Upon Office Initiative or Applicant RequestMPEP 1308Permitted
  • Petition for Withdrawal from Issue Requires Specific DefectMPEP 1308Recommended
  • Request for Refund or Fee Credit Upon AbandonmentMPEP 1308.01Permitted
  • Withdrawal from Issue if Fee Not PaidMPEP 1308
  • Can a previously paid issue fee be applied to a new Notice of Allowance?
  • What actions does an examiner take after an application is withdrawn from issue?
  • What happens if an examiner discovers prior art after a notice of allowance?
  • Can an examiner reject a patent application after it has been allowed?
  • How does the timing of an IDS submission affect the examination process after allowance?
Tags: abandoned application, credit to deposit account, issue fee refund, reopened prosecution
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