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 ยง 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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