When is a patent application considered ‘abandoned’?
MPEP 203.05 outlines several scenarios where an application is considered abandoned:
- Formal abandonment by the applicant or attorney/agent of record
- Failure to take appropriate action at some stage in the prosecution of a nonprovisional application
- Failure to pay the issue fee
- For provisional applications, no later than 12 months after the filing date
Abandonment removes the application from the Office docket of pending applications. It’s crucial for applicants to be aware of deadlines and required actions to prevent unintentional abandonment.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims,
MPEP 203 - Status of Applications,
Patent Law,
Patent Procedure