Can a patent application be revived after abandonment due to an insufficient reply?
Can a patent application be revived after abandonment due to an insufficient reply?
Yes, a patent application that has been abandoned due to an insufficient reply can potentially be revived. However, the process and requirements depend on whether the abandonment was unavoidable or unintentional. According to MPEP 711.02(a):
“A petition to revive an abandoned application on the grounds that the failure to reply was unavoidable or unintentional (37 CFR 1.137) must be accompanied by: (A) the required reply, (B) the petition fee, (C) a showing to the satisfaction of the Director that the entire delay was unavoidable, or (D) a statement that the entire delay was unintentional.”
To revive an abandoned application, the applicant must:
- File a petition to revive
- Submit the required reply that was originally missing or insufficient
- Pay the petition fee
- Provide evidence that the delay was unavoidable or a statement that it was unintentional
It’s important to note that the requirements and fees may vary depending on the specific circumstances of the abandonment. Applicants should consult the current USPTO petition guidelines for the most up-to-date information on reviving abandoned applications.
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