A client may want to expressly abandon a patent application in order to avoid publication (and retain the invention as a trade secret). Applicants who wish to expressly abandon an application may now mail a 37 CFR 1.138 petition via Mail Stop Express Abandonment. (Fax and hand delivery to the pre-grant office are also available) (Announcement)
*NOTE: 37 CFR 1.138 delineates what must be included in a proper express abandonment petition.
**NOTE: The petition needs to be at the PTO at least four weeks prior to the projected pubilcation date.
"It is unlikely that a petition filed within four weeks of the projected date of publication will be effective to avoid publication." MPEP 711.01.
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