Q: How can I get to continue with my application after considered abandoned for not replying on time? Sailreddy

A: Was it an *unintentional* delay up until the moment that you obtained an attorney to prepare the papers to revive? If so, you can petition to revive.

"Unintentional" is hard to define - indeed, I am not able to find case law that defines it - but it might be considered to encompass things like "didn't have the money for an attorney" so that you "unintentionally" delayed action on the application because although you intended to act you were not able to.

A: Just to add - although there is not solid law on the definition of "unintentional," the Patent Office's Manual of Patent Examination Procedure states:

> ... where the applicant deliberately chooses not to seek or persist in seeking the revival of an abandoned application, or where the applicant deliberately chooses to delay seeking the revival of an abandoned application, the resulting delay in seeking revival of the abandoned application cannot be considered as “unintentional” ...

MPEP 711.03(c).

A: If your application has been considered abandoned due to not responding on time, there may still be a chance to revive it. Some jurisdictions or organizations allow for a reinstatement or revival process where you can provide a reasonable explanation for the delay and request that your application be reopened. This typically involves submitting a formal request or a petition, sometimes accompanied by additional fees, to justify why the application should not be considered abandoned.

However, if the deadline to respond or the window for revival has passed, you might need to file a new application. It’s important to review the specific rules and regulations that apply to your case, as these can vary depending on the governing body or organization handling the application. In some cases, starting fresh may be the only viable option.

You should check the status of your application and any notices you have received to understand your next steps. Contacting the relevant office or checking their official website can provide guidance on whether your case can be revived or if a new application is necessary. Acting promptly is key to ensure that you do not miss any further deadlines.

A: If the delay was unintentional and was not due to fault of your own you can petition to revive the application. However, if you missed the deadlines and warnings of the filing needed to be renewed you will need to file a new application with the USPTO.