Can an abandoned patent application be revived after failing to respond within the statutory period?
Yes, an abandoned patent application can potentially be revived even after failing to respond within the statutory period. The MPEP 711.02 provides guidance on this:
“An abandoned application may be revived as a pending application if the delay in prosecution was unintentional.”
To revive an abandoned application, the applicant must:
- File a petition to revive under 37 CFR 1.137
- Pay the required petition fee
- Provide a statement that the entire delay was unintentional
- Submit the required response to the outstanding Office action
It’s important to note that the revival process can be complex and may require additional fees and documentation.
To learn more: