TMEP 806.02(d): Abandonment of Multiple-Basis Applications

October 2017 Edition of the TMEP

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806.02(d)    Abandonment of Multiple-Basis Applications

In general, an application becomes abandoned if the applicant fails to take required action during the relevant statutory period, such as failure to respond to an Office action or to a notice of allowance within six months of the date of issuance. 15 U.S.C §§1051(d)(4), 1062(b), 37 C.F.R §2.65(a), (c). In certain situations, if all refusals and/or requirements are expressly limited to certain goods/services, and the applicant fails to respond, or to respond completely, to an Office action, the application will be abandoned only as to those particular goods/services. See TMEP §718.02(a). However, if an application has multiple bases, it is not always appropriate to issue a partial-abandonment advisory because the Office will not abandon one of the bases in an application for failure to respond to an Office action. The applicant must submit an amendment deleting the basis or a request to divide, if appropriate. The following sections discuss when it is and is not appropriate to issue a partial-abandonment advisory in a multiple-basis application.