What does the term 'abandonment' refer to under 102(g)?

Prepare for the Manual of Patent Examining Procedure Exam. Study with quizzes and multiple-choice questions, with hints and explanations. Master the MPEP content and excel in your exam!

The term 'abandonment' under 102(g) refers specifically to the concept of a failure to diligently pursue an invention. In the context of patent law, particularly within the framework established by the United States Patent and Trademark Office (USPTO), this refers to a situation where an inventor does not take steps to actively develop or commercialize their invention after having made a prior disclosure or having an earlier conception of the idea.

This provision is significant because it underscores the importance of diligence in the patent process. If an inventor has a potentially patentable invention but fails to pursue it within a reasonable period of time, they might be viewed as having abandoned their rights to that invention. Consequently, this can affect the patentability of the invention and could lead to another inventor securing a patent for the same or a similar invention if they have been diligently working on it.

The other options listed do relate to concepts in patent law, but they do not encapsulate the meaning of abandonment as it is defined under 102(g). For instance, maintaining an existing patent, non-payment of maintenance fees, and withdrawal of a patent application pertain to different aspects of patent management and prosecution rather than the active pursuit of ideas and inventions as required by 102(g).

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