How can I revive an abandoned patent application?
To revive an abandoned patent application, you need to file a petition under 37 CFR 1.137. According to MPEP 1002.02(b), the Deputy Commissioner who oversees the Office of Petitions or assigned staff handles:
Petitions to revive an abandoned national, nonprovisional or provisional patent application on the basis of unintentional delay, 37 CFR 1.137 and MPEP § 711.03(c)
To file this petition:
- Demonstrate that the delay was unintentional
- Pay the required petition fee
- File any required reply to the outstanding Office action or notice
For detailed instructions, refer to MPEP § 711.03(c).
To learn more: