Can I revive an abandoned patent application?

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, it is possible to revive an abandoned patent application under certain circumstances. The MPEP 711 states:

‘An abandoned application may be revived as a pending application if it is shown to the satisfaction of the Director that the delay was unavoidable (37 CFR 1.137(a)) or unintentional (37 CFR 1.137(b)).’

The process for revival depends on the reason for abandonment:

• Unavoidable delay: You must file a petition under 37 CFR 1.137(a) and provide evidence that the delay was unavoidable.
• Unintentional delay: File a petition under 37 CFR 1.137(b) and pay the required fees.

It’s important to note that revival is not guaranteed and is subject to USPTO review. Consult with a patent attorney for guidance on your specific situation.