How does a patent or trademark application become abandoned?

When a patent or trademark application becomes abandoned it is officially declared “dead” for review purposes and will no longer be recognized by the USPTO.

When there are problems with an application, a USPTO reviewer will send an ‘Office Action Letter’ to the applicant or their representatives. If a complete and proper response, whether in the form of argument, amendment or an appeal, is not filed with the USPTO within six months, the application will become abandoned. An applicant can also file a written explanation with the USPTO to request abandoned status for their application.

Previously granted patents and trademarks can also become expired and therefore lose their protection if periodic maintenance fees are not paid to the USPTO before expiration deadlines. Furthermore, specific only to trademarks, a ‘Statement of Use’ must be filed periodically to prove the trademark is being actively used in commerce or else it will go abandoned.

For more information on intellectual property, please visit Patent, Trademark, Copyright Information.

The content of this article is not intended to be, and does not constitute, legal advice and does not create attorney-client privilege. Consult the attorney of your choice before embarking on any legal matter or any document preparation/filing.

Dr. Thomas R. (Terry) Williamson III is a Patent Attorney practicing in Atlanta, Georgia.

C2008, Williamson Intellectual Property Law, LLC; all rights reserved, world-wide.