Can a provisional application be revived after it has been abandoned?
Yes, a provisional application can be revived, but with limitations:
- A provisional application abandoned for failure to reply to an Office requirement may be revived under 37 CFR 1.137
- The revival can only extend the pendency up to 12 months from the filing date of the provisional application
- After 12 months from its filing date, a provisional application cannot be revived under any circumstances
The MPEP states: 37 CFR 1.137(g) provides that a provisional application, abandoned for failure to timely respond to an Office requirement, may be revived pursuant to 37 CFR 1.137, however a provisional application will not be regarded as pending after twelve months from its filing date under any circumstances.
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