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PETITION FOR REVIVAL OF AN APPLICATION FOR PATENT - uspto

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O. Box 1450 Alexandria VA 22313-1450 FAX 571 273-8300 NOTE If information or assistance is needed in completing this form please contact Petitions Information at 571 272-3282. The above-identified application became abandoned for failure to file a timely and proper reply to a notice or action by the United States Patent and Trademark Office. The date of abandonment is the day after the expiration date of the period set for reply in the office notice or action plus an extensions of time actua ...

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

Can you revive a provisional patent application?

You can refile a U.S. provisional patent application but it is not recommended because of the loss of your priority date for the first provisional application and the potential loss of some (or all) of your patent rights.

How much does a petition to revive patent application cost?

For unintentional delays, you must explain the delay and then pay the correct petition fee for your entity: Large entity: $1,700. Small entity: $850. Micro entity: $850.

How do I revive a US patent application?

File a Request for Reinstatement form. File your request for reinstatement no later than two months after the issue date of your Notice of Abandonment. If you didnt receive a Notice of Abandonment, file within two months of learning of the abandonment, but no later than six months after the abandonment date in TSDR.

Can you claim priority to an abandoned patent application?

If a provisional application is abandoned due to, at least, a failure to pay the basic filing fee, applicant may still claim benefit to the prior-filed application by filing a petition to revive under 37 CFR 1.137 in the provisional application to pay the basic filing fee.

Do abandoned patents count as prior art?

An abandoned patent application may become evidence of prior art only when it has been appropriately disclosed, as, for example, when the abandoned patent [application] is reference[d] in the disclosure of another patent, in a publication, or by voluntary disclosure under [former Defensive Publication rule] 37 CFR

What happens when a patent application is abandoned?

(A) When the issue fee is not paid and the application is abandoned for failure to pay the issue fee, proceedings are terminated as of the date the issue fee was due and the application is the same as if it were abandoned after midnight on that date (but if the issue fee is later accepted, on petition, the application

What is the difference between abandoned and expired patent?

Lapsed or abandoned are interchangeably used the patents which are not paid maintenance fee or annuity fee within the prescribed timeline. You can check the status of the patent using PAIR in USPTO or INPADOC. In general, the patent is valid for a period of 20 years, after that the status of the patent becomes expired.

What does it mean when a patent application is abandoned?

If your application is abandoned, its no longer live and cant mature into a registration. This can happen for many reasons; for example, if you missed the filing deadline to respond to an office action.

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