How does the USPTO treat applications abandoned for failure to timely reply to a notice?
When an application is abandoned for failure to timely reply to a notice, the USPTO follows specific procedures. According to MPEP 711.02(b):
An application abandoned for failure to timely reply to an Office action may be revived as a pending application if it is shown to the satisfaction of the Commissioner that the delay in reply was unavoidable (37 CFR 1.137(a)) or unintentional (37 CFR 1.137(b)).
To revive such an application, the applicant must:
- File a petition under 37 CFR 1.137(a) for unavoidable delay, or 37 CFR 1.137(b) for unintentional delay
- Pay the required petition fee
- Submit the reply required to the outstanding Office action or notice
- Provide a statement explaining the delay (unavoidable or unintentional)
The type of petition and requirements depend on whether the delay was unavoidable or unintentional.
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