How can I reinstate an inadvertently 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.

If your patent application was inadvertently abandoned, you can typically reinstate it by filing a petition to revive. The MPEP states:

“In most cases, a petition to revive under 37 CFR 1.137 will be the appropriate remedy.”

This petition should be filed promptly after receiving the notice of abandonment. The specific requirements for the petition will depend on whether the abandonment was unavoidable or unintentional. It’s advisable to consult with a patent attorney for guidance on this process.