What is the time limit for filing a petition to revive an abandoned application?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The time limit for filing a petition to revive an abandoned application depends on the type of abandonment and the circumstances. According to MPEP 711.03(c):

For unintentional abandonment:

• There is no time limit for filing a petition to revive an unintentionally abandoned application, subject to the possibility of intervening rights.
• However, the USPTO may require additional information if the petition is filed more than two years after the date of abandonment.

For unavoidable abandonment:

• The petition must be filed within the statutory period for reply to the Office action that was missed, or within two months of the mailing date of the notice of abandonment, whichever is earlier.
• This time period may be extended under 37 CFR 1.136.

It’s important to note that the USPTO strongly recommends filing petitions promptly to avoid potential issues with intervening rights or additional scrutiny for long-delayed petitions.