[Patentpractice] Revival of provisional application?

[Timothy Snowden]

it's a minor point but I suspect the application actually went abandoned 
before 2/25/2025 -- that's probably when the abandonment notice was 
mailed. the app would most likely have actually gone abandoned the day 
the shortened period for reply to the ntfmp expired.

On 6/5/2025 9:50 AM, Timothy Snowden via Patentpractice wrote:
>
> 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>
>>
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>
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