So, you received an abandoned patent application, now what? First of all, take a deep breath. This problem can occasionally occur and the USPTO may have a way to help that patent application get back on track. Whether you didn’t respond to a notice or you missed a critical due date, there is still many times a possibility that you can revive such an abandoned patent application. This article hopes to walk you through the steps of reviving a patent application with the USPTO.

Does abandoned really mean abandoned for good?

When a patent application gets abandoned, this is oftentimes because you missed a due date or failed to respond to an office action response. Another reason could be that you forgot to pay a fee. While the “abandonment” notice seems scary, in many cases abandoned patent applications can actually be revived if the abandonment was unintentional. Our office deals with this issue from time to time and have had success with reviving abandoned patent applications. If you have any questions feel free to contact us.

Filing a petition for revival

You generally have two months from the date of receiving a notice of abandonment to file a petition for revival. There are still ways to file after two months but it becomes much more expensive and difficult, and you’ll need to provide more detailed justifications as to why you’re filing it so late. So, if you do want to act to revive a patent application you should do it within two months.

General Requirements for Filing an ePetition to Revive (Unintentional Abandonment)

The USPTO allows you to file an ePetition if your patent application was unintentionally abandoned after a first Office Action but before a Notice of Allowance. Here are the specific requirements:

• Registered Users Only: You must be a registered user of the Patent Electronic System to file an ePetition.
• Valid Application Number: You’ll need to enter a valid U.S. application number.
• Ineligible Applications: The ePetition cannot be filed for provisional applications, design applications, plant applications, re-issue applications, or reexamination proceedings.
• Issued Patents Excluded: The application number you enter cannot be for an issued patent.
• Notice of Abandonment: The USPTO must have already mailed you a Notice of Abandonment for the application.
• Less Than Two Years: The abandonment date must be less than two years before the date you file the petition.
• No After-Final Amendments: After-final rejection amendments cannot be filed when reviving the application.
• No Notice of Allowance: The ePetition cannot be filed if the application is beyond the Notice of Allowance stage.
• Power of Attorney: If you have power of attorney for the case, you must enter a valid registration number.
• Entity Status: You’ll need to indicate the current entity status of the application (e.g., micro, small, or large entity).

Wait for USPTO Review

After filing the ePetition, the USPTO will review your submission. For unintentional abandonment cases, the review process is usually straightforward. If everything is in order, your application will be revived, and the process will continue from where it left off. If your petition is denied don’t sweat it, you might still have some options. You could appeal the decision or potentially refile your application or seek help from a patent attorney to explore an alternative solution.

Tips to Avoid Abandonment

Dealing with an abandoned patent application is avoidable with some proactive steps:

Track Deadlines: Set up calendar alerts or use patent management software to keep track of important dates.

Respond Early: Don’t wait until the last minute to reply to Office Actions or other USPTO notices.

Check Your Contact Info: Make sure the USPTO has your correct mailing and email addresses, so you don’t miss important notifications.

Conclusion

The USPTO ePetition system can be a convenient option for reviving applications abandoned unintentionally. Make sure you meet the criteria, file the correct forms, and pay the required fees to get your application back on track. And if things get too complicated, don’t hesitate to consult a patent attorney for guidance.