What options are available if my patent application is abandoned?

If your patent application is abandoned, you have several options depending on the circumstances:

1. Petition to Revive: In most cases, filing a petition to revive under 37 CFR 1.137 is the appropriate remedy. The MPEP states, In most cases, a petition to revive under 37 CFR 1.137 will be the appropriate remedy.
2. Petition to Withdraw Holding of Abandonment: If you believe you sent a timely reply that wasn’t received by the USPTO, you may file this petition. The MPEP notes, It may be that a reply to the Office action was mailed to the Office with a certificate of mailing declaration as a part thereof (MPEP § 512) but was not received in the Office. In this instance, adequate relief may be available by means of a petition to withdraw the holding of abandonment.
3. Address any Correspondence Issues: If you didn’t receive communications from the USPTO, there might be a problem with your correspondence address. The MPEP advises, Accordingly, attention is directed to MPEP §§ 403 and MPEP § 601.03(a) and (b) dealing with changes of address.

It’s crucial to act promptly upon receiving a notice of abandonment or realizing your application has been abandoned. Delay in taking action may result in the denial of relief.

To learn more:

• patent revival
• abandoned applications
• USPTO procedures