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.
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