Legal Definitions - abandoned invention

An abandoned invention refers to an invention for which the inventor has given up their right to obtain patent protection, or has lost that right due to their actions or inaction. This can happen intentionally, such as when an inventor formally withdraws a patent application, or unintentionally, through behaviors like excessive delay in pursuing a patent, public disclosure of the invention without timely filing, or failure to pay required fees for a pending application.

Once an invention is considered abandoned, it typically enters the public domain, meaning it can be freely used by anyone without fear of patent infringement from the original inventor.

• Example 1: Formal Withdrawal of an Application

  A biomedical researcher develops a new diagnostic test and files a patent application. However, during the examination process, they discover that a very similar technology has already been patented by another company, making their invention less novel and commercially viable. The researcher decides to formally withdraw their patent application, explicitly abandoning their pursuit of patent rights for that specific invention.

  This illustrates an abandoned invention because the inventor intentionally and formally ceased their efforts to secure patent protection, releasing the invention into the public domain.

• Example 2: Public Disclosure Without Timely Filing

  An engineer designs a unique, energy-efficient cooling system for data centers. Eager to share their innovation, they publish a detailed paper about the system in a prominent industry journal and present it at a major international conference. However, they become preoccupied with other projects and fail to file a patent application for the cooling system within the statutory grace period (e.g., one year in the U.S.) after its public disclosure.

  In this scenario, the invention becomes an abandoned invention because the inventor lost their right to obtain a patent by publicly disclosing the invention without timely seeking patent protection, effectively dedicating it to the public.

• Example 3: Failure to Convert a Provisional Application

  A startup company invents a novel method for secure online transactions and files a provisional patent application to establish an early filing date. The provisional application gives them 12 months to file a more detailed non-provisional application. Due to financial difficulties and a shift in business strategy, the startup decides not to invest further in patenting this specific method and fails to file the non-provisional application before the 12-month deadline expires.

  This demonstrates an abandoned invention because the inventor failed to take the necessary subsequent steps (filing a non-provisional application) to continue pursuing patent protection after their initial provisional filing, allowing the invention to enter the public domain.