Can an intentionally abandoned application be revived?

No, an intentionally abandoned application cannot be revived. The revival of an application is strictly limited to cases where the entire delay was unintentional. Key points include:

• A deliberately chosen course of action to abandon an application is not considered unintentional
• Changes of mind after intentional abandonment do not make the delay unintentional
• Economic considerations or changes in circumstances do not justify revival of an intentionally abandoned application

The MPEP states: Where the applicant deliberately permits an application to become abandoned (e.g., due to a conclusion that the claims are unpatentable, that a rejection in an Office action cannot be overcome, or that the invention lacks sufficient commercial value to justify continued prosecution), the abandonment of such application is considered to be a deliberately chosen course of action, and the resulting delay cannot be considered as ‘unintentional’ within the meaning of 37 CFR 1.137.

To learn more:

• intentional abandonment
• revival of application
• unintentional delay