Can an abandoned application due to failure to file an appeal brief be revived?
Yes, an application that has become abandoned due to failure to file an appeal brief can be revived. According to MPEP 1205.01:
“If the time for filing a brief has passed and the application has consequently become abandoned, the applicant may petition to revive the application under 37 CFR 1.137, as in other cases of abandonment.”
To revive the application, the applicant must:
- File a petition to revive under 37 CFR 1.137
- Pay the appropriate petition fee
- File either:
- A Request for Continued Examination (RCE) with a submission and fee, or
- An appeal brief (with no fee required as long as the fee under 37 CFR 41.20(b)(2) remains $0)
It’s important to note that a proper showing of unintentional delay is required in the petition to revive. For more details on the revival process, refer to MPEP § 711.03(c).
To learn more: