What are the options when an application is abandoned?

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.

When an application is abandoned, there are two main options:

• Ask for reconsideration of the holding of abandonment if you disagree that the application is actually abandoned
• Petition for revival under 37 CFR 1.137 if you agree the application is abandoned

As stated in the MPEP:

When advised of the abandonment of his or her application, applicant may either ask for reconsideration of such holding, if he or she disagrees with it on the basis that there is no abandonment in fact; or petition for revival under 37 CFR 1.137.