Is there any time line for revival of an abandoned patent application??
I am aware an application is considered abandoned in view of applicant’s failure to submit a proper reply to the Office action mailed on within the required period for reply.
My question is before what time a petition of revival can be filed? is there a deadline for submitting such petition such as six months or one year from abandonment.
If available please mention supporting USC code or MPEP section.
There is not a strict limit (other than 20 years after the priority date) but the USPTO gives a petition to revive greater scrutiny after 1 year. Even if a petition to revive is granted by the Office, it is still subject to be brought up in court later in an attack in the validity of the resolution patent. See quote from the MPEP below.
37 CFR 1.137 Revival of abandoned application, or terminated or limited reexamination prosecution
D. Delay Until the Filing of a Grantable Petition
The Office does not generally question whether there has been an intentional or otherwise impermissible delay in filing an initial petition pursuant to 37 CFR 1.137, when such petition is filed: (A) within 3 months of the date the applicant is first notified that the application is abandoned; and (B) within 1 year of the date of abandonment of the application.
