Can an abandoned patent application be revived after failing to respond within the statutory period?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Failure to Reply Within Statutory Period Causes Abandonment MPEP 711.02 Requirement for Knowing Statutory Period Dates MPEP 711.02 Timely Reply Required Within Statutory Period MPEP 711.02 Required Attorney Can Abandon Prior Patent Application When Filing Continuing Application MPEP 711 Permitted Express Abandonment of Patent Application MPEP 711 Permitted Abandonment of Patent Application MPEP 711 Requirement for Correct Statutory Period Calculation MPEP 711.02 Permitted Response to Office Action May Be Refused MPEP 2266.03 Permitted Late Amendment Abandonment and Revival MPEP 711.02 Reply Required Within Time Period Otherwise Abandoned MPEP 711 Other Related FAQs 5 FAQs Collapse What is a shortened statutory period in patent examination? What is the difference between express abandonment and failure to respond? Can an abandoned patent application be revived? How does filing a late amendment affect the abandonment date of a patent application? What actions can lead to unintention...