What happens if a patent application is unintentionally abandoned due to USPTO error?
If a patent application is unintentionally abandoned due to an error by the USPTO, the applicant may be able to revive the application. According to MPEP 711.02(b):
Where an applicant contends that the application is not in fact abandoned (e.g., there is disagreement as to the sufficiency of the reply, or as to controlling dates), a petition under 37 CFR 1.181(a) requesting withdrawal of the holding of abandonment is the appropriate course of action, and such petition does not require a fee.
In such cases, the applicant should file a petition under 37 CFR 1.181(a) to withdraw the holding of abandonment. This petition does not require a fee and should explain the USPTO error that led to the unintentional abandonment.
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