Law - Revival of Unintentionally-Abandoned Application

An applicant's failure to prosecute a patent application will result in its abandonment. If the failure to prosecute is unintentional, the applicant can file a petition for revival of the application as a pending application. The petition must be filed either within 1 year of the date on which the application became abandoned or within 3 months of the date of the first decision on a petition to revive an unavoidably-abandoned application. (The petition to revive an unavoidably-abandoned application must have been filed within 1 year of the date on which the application became abandoned.)

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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