What happens if a patent application is unintentionally abandoned?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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. If a patent application is unintentionally abandoned, the applicant may have options to revive it. According to MPEP 711.04(a) : ‘An application may be revived under 37 CFR 1.137 based on unintentional delay … The question of whether or not an application is abandoned must be determined from the facts in each case.’ To revive an unintentionally abandoned application, the applicant must: File a petition for revival under 37 CFR 1.137 Pay the required petition fee Provide a statement that the entire delay was unintentional Complete the reply required in the last Office action or Notice It’s important to note that the USPTO will evaluate each case individually to determine if the abandonment was truly unintentional and if revival is warranted. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Reply Required Within Time Period Otherwise Abandoned MPEP 711 Reply Required to Save Application from Abandonment MPEP 711 Required Express Abandonment of Patent Application MPEP 711 Permitted Attorney Can Abandon Prior Patent Application When Filing Continuing Application MPEP 711 Permitted Petition for Express Abandonment Before Publication MPEP 711 Required Abandonment of Patent Application MPEP 711 Abandonment After Non-Final Office Action Deadline MPEP 711.04(a) Permitted 3 Month Period After Non-Final Office Action Expiration MPEP 711.04(a) Permitted 3 Month Period After Non-Final Office Action Expired MPEP 711.04(a) Permitted Application Must Be Explicitly Abandoned MPEP 711 Other Related FAQs 5 FAQs Collapse What happens if a notice of appeal is filed but no appeal brief is submitted? Can the date of abandonment be different from the date on the Notice of Abandonment? H...