I filed a patent application as a pro se inventor and I've now received an office action. Between the filing date of the application and now, I've discovered that I don't have a need for this patent application and I would like to abandon the application entirely.

How do I respond to this office action so I can successfully abandon this patent application?

Thank you in advance.

1 Answer 1


You need not do anything. It will become abandoned by your failure to reply in time (37 CFR 1.135(a)).

Nevertheless, if you want, you can expressly abandon your application by filing a letter to this effect (37 CFR 1.138). However, if you do this, there's little chance of reviving it later. It would therefore be a pretty rare case that this is a good idea, and perhaps only to avoid publication.

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