What happens if I fail to file a Notice of Foreign Filing on time?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Timely Notice of Foreign Filing MPEP 1124 Required Failure to Provide Foreign Filing Notice Within 45 Days Results in Abandonment MPEP 1124 Required Notice of Foreign Filing Required After Nonpublication Request MPEP 1124 Required Notice of Foreign Filing Required Within 45 Days MPEP 1124 Required Petition to Revive Required for Unintentional Delay in Foreign Filing Notice MPEP 1124 Petition to Revive Abandoned Application Requires Unintentional Delay and Fee Payment MPEP 1124 Petition to Revive Abandoned Application Due to Unintentional Delay MPEP 1124 Permitted Petition to Revive Required for Untimely Foreign Filing Notice MPEP 1124 Required Petition to Revive Abandoned Application Due to Unintentional Delay MPEP 1124 Petition to Revive Abandoned Application Due to Unintentional Delay MPEP 1124 Permitted Other Related FAQs 5 FAQs Collapse How can I revive a patent application abandoned due to fai...