How can I revive an abandoned patent application?

To revive an abandoned patent application, you need to file a petition under 37 CFR 1.137. According to MPEP 1002.02(b), the Deputy Commissioner who oversees the Office of Petitions or assigned staff handles:

Petitions to revive an abandoned national, nonprovisional or provisional patent application on the basis of unintentional delay, 37 CFR 1.137 and MPEP § 711.03(c)

To file this petition:

  • Demonstrate that the delay was unintentional
  • Pay the required petition fee
  • File any required reply to the outstanding Office action or notice

For detailed instructions, refer to MPEP § 711.03(c).

To learn more:

Tags: Abandoned Applications, Patent Procedures, revival, unintentional delay