How can an applicant revive an abandoned international application in the national stage?
If an international application becomes abandoned in the national stage, an applicant can file a petition to revive it. The process for revival is as follows:
- File a petition in accordance with 37 CFR 1.137
- Use Form PTO/SB/64PCT for convenience (available online at www.uspto.gov/patent/patents-forms)
As stated in MPEP 1893.02: “Applicant may file a petition to revive an abandoned application in accordance with the provisions of 37 CFR 1.137.” For more detailed information on the revival process, refer to MPEP § 711.03(c).
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