Can an abandoned patent application be revived?

Yes, an abandoned patent application can potentially be revived under certain circumstances. The MPEP 711.02 states:

“An application abandoned under 37 CFR 1.135 may be revived as a pending application if the delay was unintentional.”

To revive an abandoned application, the applicant must:

  • File a petition to revive under 37 CFR 1.137
  • Pay the required petition fee
  • Provide a statement that the entire delay was unintentional
  • Submit the required reply to the outstanding Office action

It’s important to note that the revival process is subject to specific requirements and time limits. Applicants should consult MPEP 711.03(c) for detailed information on the revival procedure.

To learn more:

Tags: abandoned application, Petition To Revive, revival, unintentional delay