What options are available if my patent application is abandoned?

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.

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.