Can a petition to revive be filed for an abandoned national stage application?

Can a petition to revive be filed for an abandoned national stage application?

Yes, a petition to revive can be filed for an abandoned national stage application. The MPEP 711.03(c) provides guidance on this matter:

A petition under 37 CFR 1.137(a) to revive an abandoned national stage application must be accompanied by the fee set forth in 37 CFR 1.17(m), a proper reply to the requirement that resulted in the holding of abandonment unless previously filed, and a statement that the entire delay in filing the required reply from the due date for the reply until the filing of a grantable petition pursuant to 37 CFR 1.137(a) was unintentional.

To file a petition to revive an abandoned national stage application, you must:

  • Pay the required fee under 37 CFR 1.17(m)
  • Submit a proper reply to the requirement that caused the abandonment (if not previously filed)
  • Provide a statement that the entire delay was unintentional

It’s important to note that the requirements for reviving a national stage application are similar to those for other types of applications. However, specific deadlines and requirements related to national stage entry should be carefully considered when preparing the petition.

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Tags: abandonment, national stage application