How can I revive a patent application abandoned due to failure to file a Notice of Foreign Filing?
How can I revive a patent application abandoned due to failure to file a Notice of Foreign Filing?
If your patent application has been abandoned due to failure to file a timely Notice of Foreign Filing, you can revive it by filing a petition under 37 CFR 1.137. According to MPEP 1124, this is the sole remedy available to restore the application to pending status.
The petition must include:
- The required reply (in this case, the Notice of Foreign Filing)
- The petition fee as set forth in 37 CFR 1.17(m)
- A statement that the entire delay was unintentional
As stated in MPEP 1124:
“When an application is abandoned by the operation of 35 U.S.C. 122(b)(2)(B)(iii), applicant’s sole remedy to restore the application to pending status is by filing a petition under 37 CFR 1.137 to revive the abandoned application on the basis of unintentional delay. See 37 CFR 1.137(f).”
It’s important to file this petition promptly upon realizing the failure to file the required notice. The USPTO provides Form PTO/SB/64a for this purpose.
To learn more: