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An application is removed from the docket of pending applications at the U.S. Patent and Trademark Office when the applicant (either directly or through their attorney or agent) files an express notice of abandonment, does not pay the issue fee, or does not take appropriate action sometime during the prosecution of a abandoned application | Wex | US Law | LII / Legal Information Institute cornell.edu wex abandonedapplicat cornell.edu wex abandonedapplicat
(a) An application may be expressly abandoned by filing a written declaration of abandonment identifying the application in the United States Patent and Trademark Office. 711-Abandonment of Patent Application - USPTO uspto.gov web offices pac mpep uspto.gov web offices pac mpep
Applicants may withdraw their application at any time as long as the application is pending, provided that no third parties have proven to the EPO that they have initiated proceedings concerning entitlement to the application pursuant to Rule 14. With regard to the pendency of an application, see A‑IV, 1.1. 8.1 Withdrawal of application or designation - Epo.org epo.org legal guidelines-epc eviii81 epo.org legal guidelines-epc eviii81
Furthermore, a request to change the applicant under 37 CFR 1.46(c)(2) should not be filed after the patent has issued because such a request cannot be granted. For correction of an inventors name, see 37 CFR 1.48 and MPEP 602.01(c)(2). 605-Applicant - USPTO uspto.gov web offices pac mpep uspto.gov web offices pac mpep
If you file your petition within six months of your application being abandoned, it is likely that it will be revived. You may even be able to file your petition two years after your application has been abandoned and have a good shot at revival. Petition to Revive Abandoned Patent Application - UpCounsel upcounsel.com petition-to-revive-abandon upcounsel.com petition-to-revive-abandon
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An RCE filed in an allowed application after the issue fee has been paid and a petition to withdraw the application from issue, which is filed and granted, will reopen prosecution. ○ Applicant may not obtain a refund of the issue fee. Preparing Request for Continued Examination - Bloomberg Law bloomberglaw.com external document bloomberglaw.com external document
Applicants seeking to abandon an application to avoid publication of the application are urged to do so by filing a petition under 37 CFR 1.138(c) and submitting a declaration of express abandonment and the fee set forth in 37 CFR 1.17(h) in sufficient time to permit the appropriate officials (Office of Data Management 1125-Express Abandonment to Avoid Publication - USPTO uspto.gov web offices pac mpep uspto.gov web offices pac mpep
Yes, you should expressly abandon your first provisional patent application before refiling the same provisional especially if the subsequent provisional will be filed during a time period in which the first provisional may still have outstanding rights. Can you refile a provisional patent application (PPA)? | IP QA patenttrademarkblog.com refile-provisiona patenttrademarkblog.com refile-provisiona

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