What happens if I fail to file a Notice of Foreign Filing on time?
Failure to file a Notice of Foreign Filing within the required 45-day period results in the abandonment of the U.S. patent application. This consequence is explicitly stated in MPEP 1124 and 35 U.S.C. 122(b)(2)(B)(iii).
According to MPEP 1124:
“35 U.S.C. 122(b)(2)(B)(iii) further provides that failure of the applicant to provide the required notice within this forty-five (45) day period shall result in abandonment of the application.”
If your application becomes abandoned due to failure to file a timely Notice of Foreign Filing, your only recourse is to file a petition to revive the application under 37 CFR 1.137. This petition must be based on unintentional delay and requires payment of a petition fee.
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