How can I revive an 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.

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).