[Patentpractice] Revival of provisional application?

[Timothy Snowden]

So if I understand that the prov was filed 6/16/2024, and went abandoned 
2/25/2025 due to failure to respond to NTFMP, then you should be able to 
petition to revive unintentionally abandoned application. I just did the 
same thing in a self-filed provisional where the ADS had not been signed 
by all inventors and so was treated as not having been filed. They 
didn't get the notice, the application went abandoned, and as soon as we 
discovered it when I got the case we filed petition to revive. PTO form 
SB0064. Make sure to comb through the file history and also file with 
the petition a reply to any outstanding requirements. It's less than 2 
years, so you only have to state that the delay was unintentional - you 
don't need a statement.

On 6/5/2025 9:44 AM, Katherine Koenig via Patentpractice wrote:
>
> 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>
>
> /Targeted Intellectual Property Strategy/
>
> /The information contained in this communication, including any 
> attachments, is privileged and confidential information intended only 
> for the use of the individual or entity named above.  If //you are not 
> the intended recipient, or the employee or agent responsible to 
> deliver it to the intended recipient, you are hereby notified that any 
> review, dissemination, distribution, or copying of this communication 
> is strictly prohibited.  If you have received this communication in 
> error, do not read it.  Please immediately reply to the sender that 
> you have received this communication in error and then destroy all 
> paper and electronic copies.  Thank you./
>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://oppedahl-lists.com/pipermail/patentpractice_oppedahl-lists.com/attachments/20250605/fe28b5ae/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 7679 bytes
Desc: not available
URL: <http://oppedahl-lists.com/pipermail/patentpractice_oppedahl-lists.com/attachments/20250605/fe28b5ae/attachment.png>