What happens if an application is mistakenly abandoned due to USPTO error?

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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 an application is mistakenly abandoned due to a USPTO error, the applicant can request reinstatement. 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 In cases of clear USPTO error, the holding of abandonment will be withdrawn and the application will be reinstated without requiring a petition fee. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse RCE Treated as Appeal Withdrawal MPEP 711.02(b) Abandonment Through Failure to Prosecute Appeal MPEP 711.02(b) Permitted Situations Leading to Abandonment Must Be Avoided MPEP 711.02(b) Recommended Reply Required Within Time Period Otherwise Abandoned MPEP 711 RCE Requires Timely Reply MPEP 711.02(b) Permitted Continued Prosecution Application Requirement MPEP 711.02(b) Application Must Be Explicitly Abandoned MPEP 711 Improper RCE Does Not Toll Time Periods MPEP 711.02(b) Reply Required to Save Application from Abandonment MPEP 711 Required Amendments Not Saving Application from Abandonment MPEP 711 Other Related FAQs 5 FAQs Collapse How does the USPTO handle applications abandoned after payment of the issue fee? Can an abandoned application be used as a reference against other applications? How can an application become abandoned through an appeal process? How can filing a Request for Continued Examination (RCE) lead to application abandonment? Can an abandoned application be revived if the delay was uninte...