Can a patent application be revived after abandonment due to an insufficient reply?

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.

Yes, a patent application can potentially be revived after abandonment due to an insufficient reply, but specific conditions must be met. The MPEP 711.02(a) does not directly address revival, but it’s important to note that:

1. The applicant must file a petition to revive the application.

2. The abandonment must have been unintentional.

3. A proper reply to the outstanding Office action must be submitted with the petition.

4. Petition fees will apply.

For more details on revival procedures, refer to MPEP 711.03(c). It’s always best to avoid abandonment by submitting timely and complete replies to Office actions.