When is an 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. An application is considered abandoned after midnight of the date on which the set shortened statutory period, including any extensions under 37 CFR 1.136 , expired. This is typically the end of the 3-month shortened statutory period. As stated in MPEP 711.04(a) : “If the application is abandoned, the date of the abandonment is after midnight of the date on which the set shortened statutory period, including any extensions under 37 CFR 1.136, expired.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Abandonment After Shortened Statutory Period MPEP 711.04(a) 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 Abandonment on Next Business Day After Expiration MPEP 711.04(a) Permitted Abandonment on Weekend Following Expiration of Time MPEP 711.04(a) Permitted Abandonment After Non-Final Office Action Deadline MPEP 711.04(a) Permitted 3 Month Period After Non-Final Office Action Expired MPEP 711.04(a) Permitted Abandonment Date Extended Due to Federal Holiday MPEP 711.04(a) Permitted Abandonment Date for Expired Reply Period MPEP 711.04(a) Permitted Other Related FAQs 5 FAQs Collapse What happens if a notice of appeal is filed but no appeal brief is submitted? Can the date of abandonment be different from the date on the Notice of Abandonment? How is the date of abandonment determined for a patent application? What precautions are taken to avoid erroneously treating patent applications as abandoned? What happens if a reply to an Office action is filed after the application is considered abandoned?