How can an applicant revive an abandoned application due to failure to reply?

To revive an abandoned application due to failure to reply, an applicant must file a petition to revive under 37 CFR 1.137. The petition must include:

1. The required reply (which must have been filed)
2. A statement that the entire delay in filing the required reply was unintentional
3. Any terminal disclaimer required pursuant to 37 CFR 1.137(d)
4. The petition fee as set forth in 37 CFR 1.17(m)

The MPEP states: “A petition to revive an abandoned application on the grounds that the failure to reply was unintentional (37 CFR 1.137) must be accompanied by: (1) the required reply (which has been filed); (2) a statement that the entire delay in filing the required reply from the due date for the reply until the filing of a grantable petition pursuant to 37 CFR 1.137 was unintentional; (3) any terminal disclaimer required pursuant to 37 CFR 1.137(d); and (4) the $ [fee amount] petition fee as set forth in 37 CFR 1.17(m).“

For more detailed information on petitions to revive, see MPEP § 711.03(c).

To learn more:

• Petition to revive
• Abandoned application
• Unintentional delay