What criteria qualify as 'abandonment' under 35 U.S.C. § 102(c)?

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Under 35 U.S.C. § 102(c), abandonment of an invention occurs when the inventor fails to apply for a patent. This section emphasizes the importance of taking formal action to protect an invention through the patent application process. If an inventor does not submit a patent application, it signifies that they have effectively abandoned their claim to the invention as there is no legal protection established.

The other options involve different aspects of an invention's lifecycle but do not specifically meet the criteria for abandonment as defined by this section. Failing to market an invention or allowing public use does not directly impact the inventor’s rights or the legal status of abandonment in the context of patent law. Public disclosure without patenting is also related to the potential loss of patent rights but is not equivalent to the legal definition of abandonment under § 102(c). Therefore, the key focus here is that the lack of a patent application is what constitutes abandonment.

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