Law - Revival of Unavoidably-Abandoned Application

An applicant's failure to prosecute a patent application will result in its abandonment. If the failure to prosecute is unavoidable, the applicant can file a petition for revival of the application as a pending application. The petition must be filed promptly after the applicant is notified of, or otherwise becomes aware of, the abandonment.

The position of the USPTO on this issue is described in the following section(s) of the Manual of Patent Examining Procedure (MPEP):

MPEP 711.03(c) - Petitions Relating to Abandonment

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