I am the first name inventor. Unfortunately I received a notice of abandonment. Due to incorrect address I did not received any mail from the USPTO until I was aware of the wrong address and I made an address change. I just received a notice of abandonment which in my case was unintentional. The patent application has not been published yet. The petition fee is 850 USD for micro entity. Can I just reapply for the same idea? (I would pay 400 USD for application fee)

  • When was the filing date and was it provisional or non-provisional? – DonQuiKong Jul 1 '17 at 21:04
  • And whats the date on the notice? – DonQuiKong Jul 1 '17 at 21:30

"Can I just reapply for the same idea?" Yes, but you will lose the original priority date. To try to keep the original filing date you may be able to revive the application.

  • Not if it was a non provisional and got or will be published, then the old application is prior art. – DonQuiKong Aug 30 '17 at 22:13
  • The question says, "The patent application has not been published yet." – Riccati Aug 31 '17 at 17:26
  • Oh I'm sorry, I missed that. – DonQuiKong Aug 31 '17 at 17:43

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