Revive an Abandoned U.S. Patent Application: Flat-Fee Petition to Revive for Foreign Companies
Revive your company’s abandoned U.S. nonprovisional patent application from anywhere in the world. A registered U.S. patent attorney becomes your USPTO representative, reviews why the application was abandoned, and files a petition to revive for unintentional delay under 37 CFR 1.137(a), together with the reply you missed. Flat attorney fee. USPTO fees at cost.
Start with a $50 screening. We review your USPTO file with you and confirm which service fits your application before you buy. The screening fee is credited toward your service.
Formal Reply: the missed reply was a fee, declaration, or other formal paper, including a Notice to File Missing Parts, an unpaid issue fee after a Notice of Allowance, national stage (371) requirements, or an Ex parte Quayle action.
Restriction Response: the examiner asked you to elect one invention or species before examination.
Non-Final OA Response: the examiner rejected your claims in a non-final Office Action.
Final OA + RCE: the examiner issued a final rejection, or an Advisory Action after one.
Withdraw Abandonment: the USPTO record is wrong, for example because you never received the Office Action or your reply was timely filed. This service replaces the petition to revive.
For Withdraw Abandonment, the abandonment period doesn’t affect the price; both options cost the same.
Ideal For
Companies outside the United States, including startups entering the U.S. market, whose U.S. patent application was abandoned.
Companies whose application was abandoned by a previous attorney, agent, or filing service that was paid but missed a deadline or stopped responding.
Foreign-domiciled applicants who, since July 20, 2026, must be represented before the USPTO by a registered U.S. patent practitioner.
Teams that prefer written communication, or work in another time zone, and want the revival handled entirely by email.
Includes
Every service includes:
Email-first service. Every step is handled in writing. Video calls are available on request but never required.
USPTO file history review. The last Office Action or notice, any reply, the Notice of Abandonment, the fee record, and the power of attorney.
Written assessment. A plain-language report confirming the cause and date of abandonment, the recommended remedy, every filing needed, and USPTO fees, before anything is filed.
Entity status review. Help confirming whether you qualify for small or micro entity fees, including the income rules for inventors outside the United States.
Change of representation. A new power of attorney and correspondence address, replacing your former representative.
Petition monitoring. A written report when the USPTO decides the petition, with next steps.
By service:
Formal Reply, Restriction Response, Non-Final OA Response, Final OA + RCE: the petition to revive, the statement of unintentional delay, payment of the petition fee, and any entity-status certification, filed with the missed reply:
Formal Reply: the missing fees or formal papers.
Restriction Response: advice on which invention to elect, and an election with or without traverse identifying the claims that read on it.
Non-Final OA Response: one response with arguments and claim amendments.
Final OA + RCE: one response with arguments and claim amendments, filed with a Request for Continued Examination.
More than 2 years: a detailed explanation of the delay, prepared from your records and timeline and filed with the petition.
Withdraw Abandonment: a petition to withdraw the holding of abandonment under 37 CFR 1.181, with the supporting evidence and any required statement.
Excludes
USPTO fees, including petition, RCE, issue, extension, and excess claims fees.
Office Actions issued after revival, including the first examination on the merits after a restriction response. Available separately.
Appeals, appeal-stage abandonments, requests for reconsideration, and renewed petitions after a dismissal. Quoted separately.
Continuation, divisional, foreign, or PCT filings, including divisionals for inventions you did not elect.
Revival of expired patents for unpaid maintenance fees, which requires a different petition.
Design applications, which require a terminal disclaimer to revive, unless separately scoped.
Prior-art searches, patentability opinions, and freedom-to-operate work.
Claims against your former representative, including malpractice, fee disputes, or refund demands.
Inventorship, ownership, or assignment disputes.
Translation of documents not in English.
Deliverables
The written assessment, with dates, the recommended remedy, and USPTO fees.
The filed petition, power of attorney, and missed reply, with the USPTO filing receipt.
A written report on the petition decision and next steps.
If Your Case Changes
The screening sets your service. The full file review can still reveal something the screening didn’t. If it does:
A lower-priced service fits: we refund the difference.
A higher-priced service is needed: we ask for your written approval first.
Revival isn’t available, for example because the delay wasn’t entirely unintentional: we refund your fee, less $250 for the file review and written assessment.
We also ask for your written approval before any extra work, including:
A response requiring more than one round of claim amendments, declarations, or extensive technical argument.
A restriction requirement with multiple overlapping elections requiring extensive traversal arguments.
A USPTO request for more information about the delay beyond the statement filed.
A dismissed petition needing a renewed petition or request for reconsideration.
A correction of past fees paid at the wrong entity status (37 CFR 1.28(c)).
More than one application, or related continuing applications.
Questions about inventorship, ownership, or assignment.
A rush needed because your materials arrived late.
Assumptions and Limitations
Unintentional delay. You must be able to truthfully state that the entire delay was unintentional, from the missed deadline until the petition is filed. We explain what this means in writing before you sign anything.
Withdrawing abandonment. A petition to withdraw the holding of abandonment must be filed promptly, generally within two months of the Notice of Abandonment or of learning of the abandonment.
USPTO discretion. The USPTO decides petitions. Filing does not guarantee revival, allowance, or a patent.
Patent term. Time spent abandoned can reduce any patent term adjustment.
Entity status. Your small or micro entity status must be true when each fee is paid, not only when it was first claimed. Income limits, prior filings, and ownership by or licenses to a business can affect eligibility.
Your drafts. We’re glad to use petitions or letters you’ve prepared, but the fee doesn’t change. We remain responsible for verifying every statement made to the USPTO.
One application. Each purchase covers one U.S. nonprovisional application.
Language. Communication is in English.
USPTO fees. Fees can change. The fee in effect on the payment date applies.
Engagement. We become your attorneys only after the conflict check clears, you sign an engagement letter, and payment is received.
Typical Turnaround
Step
Standard
Rush
Written assessment
3 business days
1 business day
Filing: Formal Reply or Withdraw Abandonment
5 business days
2 business days
Filing: Restriction Response
7 business days
3 business days
Filing: Non-Final OA Response or Final OA + RCE
10 business days
5 business days
Extra for More than 2 years
+3 business days
+1 business day
USPTO decision
Set by the USPTO
Set by the USPTO
The assessment clock starts once we have your complete materials. The filing clock starts once you approve the plan and sign the petition papers.
Client Responsibilities
Send every USPTO notice and all correspondence with your former representative about the application.
Tell us in writing when and how you learned of the abandonment, and what you did afterward. If it was abandoned more than 2 years ago, provide a timeline and any supporting records.
Tell us about any sales, offers, public sharing, or disclosures of the invention. This is a legal duty.
Identify all inventors and any business entity that owns or will own the application.
Provide the information needed to confirm your current entity status.
Review and sign petition papers electronically within 2 business days.
Pay USPTO fees before filing.
USPTO Fees (billed at cost)
Fee
Large
Small
Micro
Petition to revive, abandoned 2 years or less (37 CFR 1.17(m))
$2,260
$904
$452
Petition to revive, abandoned more than 2 years (37 CFR 1.17(m))
$3,000
$1,200
$600
Request for Continued Examination, first request (Final OA + RCE only)
$1,500
$600
$300
Petition to withdraw holding of abandonment (37 CFR 1.181)
No fee
No fee
No fee
Issue, extension, excess claims, and other fees tied to the missed reply are extra where they apply. Verify all amounts against the USPTO fee schedule on the filing date.
Frequently Asked Questions
Can an abandoned U.S. patent application be revived? Often, yes. If the delay was unintentional, you can file a petition to revive under 37 CFR 1.137(a), together with the missed reply and the petition fee. The USPTO decides each petition, so revival is not guaranteed.
How much does it cost? Two parts. Our flat attorney fee starts at $940 and depends on the reply you missed, how long ago the application was abandoned, and turnaround. The USPTO petition fee depends on your entity status and the abandonment period; micro entity applicants pay as little as $452.
How do I know which service I need? Book the $50 screening. We review your USPTO file with you and confirm the right service before you buy. The screening fee is credited toward your service.
The examiner asked me to choose between inventions. Has my invention been examined? Not yet. That’s a restriction requirement. The examiner hasn’t reviewed your claims on the merits, so patentability hasn’t been decided. You elect one invention, and examination follows after revival. The other inventions can be pursued later in divisional applications.
What if I never received the Office Action? If the USPTO record is wrong, you may be able to have the abandonment withdrawn without a petition fee. This petition must be filed promptly after you learn of the abandonment, so contact us as soon as possible.
What if my application was abandoned more than two years ago? Revival may still be possible. The USPTO charges a higher petition fee and may ask for a more detailed explanation of the delay, which we prepare and file with your petition.
Do I need a U.S. patent attorney if I live outside the United States? Yes. Since July 20, 2026, applicants domiciled outside the United States must be represented before the USPTO by a registered U.S. patent practitioner.
My previous attorney let my application go abandoned. What can I do? We replace your former representative with a new power of attorney, review the file, and file the petition. Claims against the former representative are outside this service.
Can the whole process be handled by email? Yes. Every report, question, and document signature can be handled in writing and electronically.
Attorney advertising. The attorney fee is fixed for the service selected and confirmed in a signed engagement letter; changes in scope are handled as described above. USPTO and third-party fees are billed separately at cost and may change. Purchase alone does not create an attorney–client relationship. Prior results do not guarantee a similar outcome.
Check the exact scope before paying
Review the product’s current fee, prerequisites, and exclusions. Any custom or expanded work needs a separate written scope and fee. Representation begins after conflicts clear and a signed engagement letter is in place.
Attorney advertising. Prior results do not guarantee a similar outcome.
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