How can I revive an abandoned international patent application?
To revive an abandoned international patent application, you need to file a petition under 37 CFR 1.137 for unintentional delay. This petition is decided by the Director of International Patent Legal Administration. As stated in MPEP 1002.02(p):
“Petitions under 37 CFR 1.137 (unintentional delay) to revive an application filed under the Patent Cooperation Treaty (PCT).”
When filing the petition, you must:
- Explain the circumstances that led to the abandonment
- Provide evidence that the delay was unintentional
- Pay the required petition fee
- Take any necessary actions to continue prosecution (e.g., file missing documents or responses)
The USPTO will review your petition and determine whether to revive the application based on the evidence provided and the specific circumstances of your case.
To learn more: