Can a provisional application be revived after it has been abandoned?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.