My patent status changed to abandoned in May of 2019. This was due to not responding to USPTO. The 2 year anniversary is on 5/13/2021. I have read articles online stating revival before the 2 year anniversary is still possible and one article stated e-filing would be the best bet since it's a computer and not a human who handles it, and chances of being successful are higher because it's still less than 2 years. What's your take on this? Has anyone here been successful reviving a patent that's been abandoned for this long or more? What else would be required when filing for revival besides the fee? Any other relevant information will be appreciated. Thank you.
A applicant may revive an application that was unintentionally abandoned for failure to respond to an office action by providing a petition to revive along with 1) the submission that was required required and was not timely filed (the repsonse to the office action); 2) a petition fee ($1,700); 3) a statement that the delay between the due date for submission and the filing of the petition to revive was unintentional. A terminal disclaimer and fee may also be required if you are prosecuting or have obtained a patent for a related application.
If the office action in question was a final rejection, the only submission that you can make is a Request for Continued Examination. If, on the other hand, the office action was a non-final rejection, the submission is simply a full and complete response to that office action.
Whether you file in-paper or via the Electronic Filing System is not outcome-determinative.
These requirements are generally set forth in 37 CFR 1.137 and MPEP 711.03(c). My strong recommendation is not to try to revive on your own, but rather to hire a registered patent attorney or agent to prepare the petition for you.
For a free initial consultation and firm quote, contact me at 425-533-6132, Claiborne Patent Law Services.
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