What is required in 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.

A petition to revive an abandoned application under 37 CFR 1.137 must include:

• The required reply to the outstanding Office action or notice, unless previously filed
• The petition fee as set forth in 37 CFR 1.17(m)
• A statement that the entire delay was unintentional
• Any terminal disclaimer (and fee) required pursuant to 37 CFR 1.137(d)

The MPEP states: A petition under 37 CFR 1.137 requires: (A) the required reply, unless previously filed; (B) the petition fee as set forth in 37 CFR 1.17(m); (C) any terminal disclaimer (and fee as set forth in 37 CFR 1.20(d)) required pursuant to 37 CFR 1.137(d); and (D) 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.