Why Applications Go Abandoned
The most common culprit is a missed six-month response window to an office action. Other triggers include bounced emails, payment issues, or failing to submit a Statement of Use on time.
The USPTO issues a Notice of Abandonment via email and TEAS. The clock to revive starts the day after the notice.
File a Petition to Revive Quickly
You have two months to file TEAS Form PTO-2038 with a $150 fee per class. The petition must include the missing response or specimen and a statement that the delay was unintentional.
Provide detailed, credible explanations -- calendar errors, illness, or technical outages -- that demonstrate good faith.
Reinstatement Timeline
Most petitions are granted within 30 to 45 days. If approved, the USPTO resumes examination as if the abandonment never occurred.
If denied, you may need to file a brand new application and sacrifice the priority date.
How Legal Mark Experts Manages Revivals
We audit the file history, craft persuasive unintentional-delay declarations, and prepare the missing office action response or Statement of Use.
Our docketing system prevents future lapses by tracking every statutory deadline and sending proactive reminders.