(a) An application may be expressly abandoned by filing a written declaration of abandonment identifying the application in the United States Patent and Trademark Office. Express abandonment of the application may not be recognized by the Office before the date of issue or publication unless it is actually received by appropriate officials in time to act.
CFR 37-1.138-2013 history
2013CFR 37-1.138-2013 Patents, trademarks, and copyrights. Part1:Rules of practice in patent cases. Section1.138:Express abandonment.