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 due to an error by the USPTO, the applicant may be able to revive the application. According to MPEP 711.02(b):
Where an applicant contends that the application is not in fact abandoned (e.g., there is disagreement as to the sufficiency of the reply, or as to controlling dates), a petition under 37 CFR 1.181(a) requesting withdrawal of the holding of abandonment is the appropriate course of action, and such petition does not require a fee.
In such cases, the applicant should file a petition under 37 CFR 1.181(a) to withdraw the holding of abandonment. This petition does not require a fee and should explain the USPTO error that led to the unintentional abandonment.