203.05   Abandoned [R-3]

An abandoned application is, inter alia, one which is removed from the Office docket of pending applications:

    • (A) through formal abandonment by the applicant (acquiesced in by the assignee if there is one) or by the attorney or agent of record;
    • (B) through failure of applicant to take appropriate action at some stage in the prosecution of a nonprovisional application;
    • (C) for failure to pay the issue fee (MPEP § 711 to § 711.05); or
    • (D) in the case of a provisional application, no later than 12 months after the filing date of the provisional application (see MPEP § 711.03(c) and 35 U.S.C. 111  (b) (5)).