Can a petition to revive be filed for an abandoned national stage application?
Can a petition to revive be filed for an abandoned national stage application?
Yes, a petition to revive can be filed for an abandoned national stage application. The MPEP 711.03(c) provides guidance on this matter:
A petition under 37 CFR 1.137(a) to revive an abandoned national stage application must be accompanied by the fee set forth in 37 CFR 1.17(m), a proper reply to the requirement that resulted in the holding of abandonment unless previously filed, and 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(a) was unintentional.
To file a petition to revive an abandoned national stage application, you must:
- Pay the required fee under 37 CFR 1.17(m)
- Submit a proper reply to the requirement that caused the abandonment (if not previously filed)
- Provide a statement that the entire delay was unintentional
It’s important to note that the requirements for reviving a national stage application are similar to those for other types of applications. However, specific deadlines and requirements related to national stage entry should be carefully considered when preparing the petition.
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