What is an abandonment fee?

An abandonment fee is a type of fee that is associated with patent law in California. It is a fee that must be paid if an applicant fails to complete the process of filing for a patent within a certain time frame and the application is subsequently abandoned. This fee is generally used to cover the costs associated with processing the application and providing the necessary legal research into potential prior art that needs to be done for the application to move forward. An abandonment fee is also known as an issue fee. It is typically paid when an applicant resubmits a patent application after failing to meet the deadline and the application is deemed to be abandoned. An abandonment fee is determined by the United States Patent and Trademark Office (USPTO) and is determined by the type of application and the complexity of the patent application. The fee also depends on the size of the patent family and can range from hundreds to thousands of dollars. The abandonment fee must be paid and the applicant must re-apply for the patent within two months of the original filing date. If the fee is not paid and the application not resubmitted within two months, the application will be considered to be abandoned and no patent will be issued. It is important to note that an abandonment fee is not a substitute for professional legal advice and it is highly recommended that an applicant discuss the specifics of their patent application with a professional patent attorney.

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