What happens if a patent application is unintentionally abandoned?

What happens if a patent application is unintentionally abandoned?

If a patent application is unintentionally abandoned, the applicant may have options to revive it. According to MPEP 711.04(a):

‘An application may be revived under 37 CFR 1.137 based on unintentional delay … The question of whether or not an application is abandoned must be determined from the facts in each case.’

To revive an unintentionally abandoned application, the applicant must:

• File a petition for revival under 37 CFR 1.137
• Pay the required petition fee
• Provide a statement that the entire delay was unintentional
• Complete the reply required in the last Office action or Notice

It’s important to note that the USPTO will evaluate each case individually to determine if the abandonment was truly unintentional and if revival is warranted.

To learn more:

• unintentional abandonment
• patent revival
• petition for revival
• 37 CFR 1.137

To learn more:

• 37 CFR 1.137