What precautions are taken to avoid erroneously treating patent applications as abandoned?

To avoid erroneously treating patent applications as abandoned, examiners take special precautions, particularly for applications containing a decision of the Patent Trial and Appeal Board.

MPEP 711.04(a) states: “A check should be made of files containing a decision of the Patent Trial and Appeal Board for the presence of allowed claims to avoid erroneously treating the proceedings as terminated.”

For proper treatment of any claims that stand allowed, examiners are directed to refer to MPEP § 1214.06, subsections II-IV.

To learn more:

• patent examination
• abandonment precautions
• Patent Trial and Appeal Board