Abandonment - Patent ApplicationsAn application for a patent that has been declared abandoned is "dead" and the USPTO will no longer review the application for a patent.
A patent application often becomes abandoned for failure to file a complete and proper reply to a USPTO action within 6 months. After the USPTO examiner reviews your patent application, they may send you an "Office Action Letter" that points out any incorrect claims or other problems. You must then make corrections and/or appeals to keep the application process going.
An inventor can also file a written declaration of abandonment of his/her patent application.
Abandonment - InventionsIf you fail to pay the periodic maintenance fees to the USPTO, the patent protection for your invention will expire.
An invention can not be patented, if the inventor abandoned the invention to the public domain.
Abandonment - TrademarksAbandonment occurs under several circumstances. The most common reason is when the USPTO does not receive a reply to an Office Action letter from an applicant within the statutory six-month response period.
Another instance is when the USPTO does not receive a "Statement of Use" attesting that the trademark is being used in commerce (or a request for an extension) from an applicant within 6 months from the issuance of a "Notice of Allowance". A notice of allowance is another step on the way to full trademark registration.