Can an abandoned application due to failure to file an appeal brief be revived?
Yes, an application that has become abandoned due to failure to file an appeal brief can be revived. According to MPEP 1205.01: “If the time for filing a brief has passed and the application has consequently become abandoned, the applicant may petition to revive the application under 37 CFR 1.137, as in other cases of…
Read MoreWhat is the difference between unavoidable and unintentional delay in patent application abandonment?
The MPEP 711.03(b) distinguishes between unavoidable and unintentional delay for reviving abandoned applications: Unavoidable delay (37 CFR 1.137(a)): This requires a higher standard of proof. The delay must have been unavoidable despite the exercise of due care and diligence. Unintentional delay (37 CFR 1.137(b)): This has a lower standard and is more commonly used. The…
Read MoreCan an abandoned application be revived?
Yes, an abandoned application can potentially be revived. The MPEP 711.03(b) states: An abandoned application may be revived as a pending application if it is shown to the satisfaction of the Director that the delay was unavoidable (37 CFR 1.137(a)) or unintentional (37 CFR 1.137(b)). To revive an application, the applicant must file a petition…
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