When is a patent application considered abandoned?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 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. A patent application is considered abandoned when a timely reply to an Office action is not filed within the statutory period or any extended period granted. The MPEP 710.01(a) states: When a timely reply is ultimately not filed, the application is regarded as abandoned after midnight of the date the period for reply expired. For example, if the reply was due on May 31 and no further extensions were obtained, the application would be abandoned as of June 1, even if June 1 is a Saturday, Sunday, or federal holiday. The abandonment date is based on the last day of the reply period, not the next business day. For more detailed information on abandonment dates, refer to MPEP § 711.04(a) . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Application Abandoned After Midnight If Timely Reply Not Filed MPEP 710.01(a) Abandonment Date Regardless of Holiday MPEP 710.01(a) Permitted Extension of Reply Time for Office Action MPEP 710.01(a) New Time Period for Inadvertently Omitted Matter in Reply to Non-Final Office Action MPEP 711 Permitted Attorney Can Abandon Prior Patent Application When Filing Continuing Application MPEP 711 Permitted Express Abandonment of Patent Application MPEP 711 Permitted Abandonment of Patent Application MPEP 711 Reply to Office Action Due Dates MPEP 710.01(a) Permitted Application Abandoned on June 1 if No Reply by May 31 MPEP 710.01(a) Permitted Statutory Reply Period Not Always Determined by Office Action MPEP 710.01(a) Other Related FAQs 5 FAQs Collapse What is the &#8216;next succeeding business day&#8217; rule for patent application deadlines? What happens if the statutory period for reply ends on a weekend or federal holiday? What should a...