express abandonment

Patents. An applicant’s intentional and clear termination of a patent prosecution.

• An express abandonment must be made in a signed writing and received by the U.S. Patent and Trademark Office in time for the Office to act before the patent issues. Once an application is expressly abandoned, it cannot be revived, and the applicant cannot preclude the public from freely availing itself of the invention’s benefits. Abandonment of a patent application does not result in abandonment of the invention.

— Also termed formal abandonment. [Cases: Patents 107. C.J.S. Patents §§ 157–158.]

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