Patent Application Filing Withdrawn
Description
How to fill out Assignment Of Design Patent Application After Execution But Before Filing By Sole Inventor?
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FAQ
(a) Applications may be withdrawn from issue for further action at the initiative of the Office or upon petition by the applicant.
An allowed application for patent in which the applicant files correspondence to withdraw the patent from issue; ;thus preventing it from issuing on the patent issue date.
This means there isn't a patent and there is no patent protection for the invention described in the application. There are many reasons why an application might be withdrawn or abandoned. The applicant may decide the financial opportunities are not worth the cost of pursuing a patent.
File a Request for Reinstatement form. File your request for reinstatement no later than two months after the issue date of your Notice of Abandonment. If you didn't receive a Notice of Abandonment, file within two months of learning of the abandonment, but no later than six months after the abandonment date in TSDR.
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.