revive abandoned patent


My startup has a pending patent application that has recently been abandoned due to the inability to make the payment to respond to an office action. It costs thousands of dollars that we don't have right now.

Has anyone been in a similar situation before? Is it possible to revive patent at a later date?


asked Feb 29 '12 at 17:35
6 points
  • You really need to speak to your IP lawyer about this Jason – Susan Jones 10 years ago
  • I agree with Susan, I have 2 patents filed and one of them stalled out in the process for a totally different reason then yours only to be revived but each situation is different and you should consult your atty on this one. – Tim 10 years ago

1 Answer


In many instances, you can revive an abandoned patent application. It is surprisingly easy to revive an abandoned application (when possible) as it is just paperwork and extra PTO fees on top of attorney's fees. In order to be able to revive it, the abandonment must be unintentional or unavoidable. See the relevant regulations.

If you intentionally leave the application abandoned for some period of time due to lack of funds, then I think it is likely that you cannot revive it at a later time.

If you need to get extra time on a tight budget, and the application has not yet been abandoned, then you could file a continuation application to keep your rights alive, and let the original application go abandoned. Consult your patent attorney about this.

answered Mar 1 '12 at 00:52
1,936 points

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