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

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) notes:

“A reply to a non-final Office action that is bona fide but includes an omission may be treated by the examiner as complete. See MPEP § 714.03.”

If the application is abandoned, the applicant may file a petition to revive under 37 CFR 1.137. The petition must show that:

• The delay in filing the reply was unintentional
• The required reply is filed or enclosed with the petition
• The appropriate fee is paid

It’s important to note that the USPTO’s decision to grant such a petition is discretionary and depends on the specific circumstances of each case.

To learn more:

• Abandoned application
• Revival
• Petition
• Insufficient reply

To learn more:

• patent revival
• abandonment
• petition to revive