What is the time limit for filing a petition to revive an abandoned application?

What is the time limit for filing a petition to revive an abandoned application?

There is no set time limit for filing a petition to revive an abandoned application, but the delay must be unintentional. The MPEP 711.03(c) states:

The USPTO requires additional information concerning whether a delay in seeking the revival of an abandoned application was unintentional where the petition to revive was filed more than two years after the date the application became abandoned.

Key points to consider:

• No strict time limit exists for filing a petition to revive
• The entire delay must be unintentional
• Petitions filed more than two years after abandonment require additional explanation
• Longer delays may face increased scrutiny from the USPTO

While you can file a petition to revive at any time, it’s advisable to do so as soon as possible after discovering the abandonment. Prompt action helps demonstrate that the delay was truly unintentional and may simplify the revival process.

To learn more:

• petition to revive
• time limit
• abandoned application
• unintentional delay

To learn more:

• unintentional abandonment
• unavoidable abandonment