When should a notice of abandonment be issued after a derivation proceeding?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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 notice of abandonment should be issued after a derivation proceeding when no claims remain allowable to the applicant. This situation is addressed in MPEP 2315 , which states: “If no claim remains allowable to the applicant, a notice of abandonment should be issued.” This typically occurs when all claims have been finally disposed of in the judgment of the derivation proceeding, and no claims are left that could potentially be allowed. The examiner is responsible for making this determination and issuing the notice of abandonment when appropriate. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Notice of Abandonment Required When No Claims Remain Allowable MPEP 2315 Recommended Claim Disposition After Derivation Proceeding MPEP 2315 Consult Specialist on Derivation Proceeding Remedies MPEP 2315 Recommended Examiner Must Reopen After Derivation Proceeding MPEP 2315 No Further Examiner Action Required After Derivation Proceeding MPEP 2315 Update Search for Unresolved Claims After Derivation Proceeding MPEP 2315 Recommended Extraordinary Remedies May Be Provided by Board MPEP 2315 Inventorship and Ownership Changes Require Address Updates MPEP 2315 Permitted Examiner Must Reopen Prosecution for Further Action MPEP 2315 Required Examiner Must Maintain Rejection Unless Overcome MPEP 2315 Required Other Related FAQs 5 FAQs Collapse What happens after a derivation proceeding is decided? How does a derivation proceeding affect the examination of patent applications? How does a judgment in a derivation proceeding affect patent claims? What are extraordinary remedies in a derivation proceeding? What is the role of a Technology Center Practice Specialist in derivation pr...