What options do I have if my patent application becomes abandoned due to a late amendment?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 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. If your patent application becomes abandoned due to a late amendment, you have several options: Petition to Revive: You can file a petition to revive the abandoned application, typically under 37 CFR 1.137 . Request for Continued Examination (RCE): As mentioned in MPEP 714.17 , you can file an RCE to continue prosecution. Continuing Application: You may file a continuation or continuation-in-part application to pursue protection for your invention. The best option depends on your specific circumstances, including how long the application has been abandoned and the nature of your invention. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Attorney Can Abandon Prior Patent Application When Filing Continuing Application MPEP 711 Permitted Express Abandonment of Patent Application MPEP 711 Permitted Abandonment of Patent Application MPEP 711 Reply Required Within Time Period Otherwise Abandoned MPEP 711 Reply Required to Save Application from Abandonment MPEP 711 Required Amendments Not Saving Application from Abandonment MPEP 711 New Time Period for Inadvertently Omitted Matter in Reply to Non-Final Office Action MPEP 711 Permitted Declaration Required for Abandonment of Patent Application MPEP 711 Permitted Express Abandonment Must Be Timely Received MPEP 711 Prohibited Written Declaration Must Be Signed by Authorized Party MPEP 711 Required Other Related FAQs 5 FAQs Collapse How does filing a late amendment affect the abandonment date of a patent application? Can I file a request for continued examination (RCE) after the period for reply has expired? How does the USPTO handle amendments received after the period for reply has expired? What are the potential conseq...