What happens if the basic national fee is not paid within the 30-month period for U.S. national stage entry?
If the basic national fee is not paid within the 30-month period for U.S. national stage entry, the application will be considered abandoned. As stated in MPEP 1893.01(c): “The basic national fee must be paid prior to the expiration of 30 months from the priority date to avoid abandonment of the international application as to…
Read MoreCan a provisional application be revived after it has been abandoned?
Yes, a provisional application can be revived, but with limitations: A provisional application abandoned for failure to reply to an Office requirement may be revived under 37 CFR 1.137 The revival can only extend the pendency up to 12 months from the filing date of the provisional application After 12 months from its filing date,…
Read MoreWhat is the difference between reversing a holding of abandonment and reviving an abandoned application?
Reversing a holding of abandonment and reviving an abandoned application are two distinct processes in patent examination. According to MPEP 711.03(a): This is not a revival of an abandoned application but merely a holding that the application was never abandoned. When an examiner reverses a holding of abandonment, they are essentially stating that their initial…
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