Can an abandoned application be revived if the delay was unintentional?

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 be revived if the delay in responding was unintentional. The MPEP 711.02(b) states:

“A petition to revive an abandoned application on the grounds that the delay was unintentional (37 CFR 1.137) may be filed even if the applicant did not timely reply to an Office action or notice.”

To revive an application under these circumstances:

• File a petition under 37 CFR 1.137(a)
• Pay the required petition fee
• Submit a statement that the entire delay was unintentional
• File the reply required to the outstanding Office action or notice

It’s important to note that the USPTO requires a showing of unintentional delay for the entire period from the due date for the reply until the filing of a grantable petition.