[Patentpractice] Revival of provisional application?

[Katherine Koenig]

Hi everyone,

We have a utility/foreign filing deadline of 6/16/2025 based on the filing date of a US provisional application (6/16/2025).  The client filed the provisional application himself, and had provided me with the application as filed and the ADS he'd filed.  I'm today learning that he'd received a Notice to File Missing Parts because no certification statement for his micro-entity status had been filed with the application.

I called the AAU and was told the provisional has been abandoned since 2/25/2025 because the client never replied to the Notice.  I'm aware of petitioning to restore the right of priority to a prior-filed provisional that has naturally expired at the end of the 12-month term, but is there a way to revive a provisional for failure to respond to a Notice?  The AAU representative told me there's nothing we can do, and I'm not aware of any solution - but hoping someone here has a better answer.  Thank you!

Best regards,

Katherine

Dr. Katherine Koenig
Registered Patent Attorney
Koenig IP Works, PLLC
2208 Mariner Dr.
Fort Lauderdale, FL 33316
(954) 903-1699
katherine at koenigipworks.com<mailto:katherine at koenigipworks.com>

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