What options do I have if my patent application becomes abandoned due to a late amendment?
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.
To learn more: