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How to Revive Your Abandoned Patent Application

December 28, 2011 | Comments: 0 | Views: 187

The patenting process involves many, many deadlines. If you miss just one of these deadlines, the United States Patent and Trademark Office (USPTO) will deem your application abandoned and will not take any further action on your application. Thus, you will not be able to get any protection for your invention or get any patent.

Some of these deadlines include: deadline to file missing or omitted parts of the application, deadline to respond to a restriction requirement (when the USPTO sees more than 1 invention in your application, it will ask you to pick one invention and pursue the rest via a divisional application), deadline to respond to an office action, deadline to pay an issue fee, and deadline to pay maintenance fees. Some of these deadlines can be extended by several months by paying extension of time fees. For instance, the deadline to respond to an office action is usually set at 3 months from the mailing date of the office action, but you can extend this deadline up to 6 months from the mailing date by paying extension of time fees. The extension of time fees for one month worth of extension is generally inexpensive (less than $100). However, the extension of time fees rapidly increase each month.

There are ways to revive an abandoned application. An abandoned application can be revived by filing a petition to revive an abandoned application on the grounds that the failure to reply was unavoidable (37 CFR 1.137(a)). Generally, it must be accompanied by: (1) the required reply (which has been filed); (2) a showing to the satisfaction of the Director that the entire delay in filing the required reply from the due date for the reply until the filing of a grantable petition pursuant to 37 CFR 1.137(a) was unavoidable; (3) any terminal disclaimer required pursuant to 37 CFR 1.137(d); and (4) the petition fee as set forth in 37 CFR 1.17(l).

Another way to revive an abandoned application is by filing a petition to revive an abandoned application on the grounds that the failure to reply was unintentional (37 CFR 1.137(b)). Generally, it must be accompanied by: (1) the required reply (which has been filed); (2) a statement that the entire delay in filing the required reply from the due date for the reply until the filing of a grantable petition pursuant to 37 CFR 1.137(b) was unintentional; (3) any terminal disclaimer required pursuant to 37 CFR 1.137(d); and (4) the petition fee as set forth in 37 CFR 1.17(m).

Because there are many complicated deadlines and procedures involving patent applications, it is important to seek the advice and guidance from a registered patent attorney.

Source: EzineArticles
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