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

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.

To learn more:

• derivation proceeding
• notice of abandonment
• patent claims
• application abandonment