Can an abandoned application be revived?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
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, an abandoned application can potentially be revived. The MPEP 711.03(b) states:
An abandoned application may be revived as a pending application if it is shown to the satisfaction of the Director that the delay was unavoidable (37 CFR 1.137(a)) or unintentional (37 CFR 1.137(b)).
To revive an application, the applicant must file a petition and meet specific criteria depending on whether the delay was unavoidable or unintentional. Each type of petition has different requirements and fees.