In this article, we will discuss about that, how to restore patent applications? We will share a process of restoring Abandoned Patent Applications.

What is patent Application?

A general method of formal request to patent office to take legal protection against the invention is known as patent application. There is various way to file a patent application among them these three method/procedure are applicable in all over world.

Provisional Application – A dully application that files early to take first priority of invention. However, it does not grant as a patent unless filling a full (non-provisional) application within a year.

Non-Provisional Application – A complete application i.e. as per required parameter of patent office that proceed for examination is known as non-provisional application. If this application gets approved and after completion of examination it becomes a granted patent.

International (PCT) Application – PCT, is method of application that applicant can file a patent application in multiple jurisdiction.

Structure of Complete patent application

Almost all patent office required the below mentioned information during filing the patent application.

The Invention should be having: -

1.Title of the Invention.                                                  2. Inventor/Applicants details

3. Background of the invention                                       4. Summary of the invention

5. Claim of the invention (Inventive steps/Novelty)        6. Detailed Description

7. All prospective drawings                                             8. Patent office fees

Abandoned patent Application

Once the patent application is submitted to the patent office, the patent examiner reviews the application. If any documents (such as title or description) or fee payment information are missing, the patent office will notify the inventors and provide a timeline to submit the requirements. If the inventor submits the information and fees within time, the examiner and patent office will continue with the application review. If the inventors/applicant do not respond then the patent office stops the examination and patent application becomes the abandoned patent application.

Need of Restore/Renewal of Patent Applications

If a patent application/patent is abandoned, the information regarding the invention that contains novel elements will enter in the public domain, so anyone can utilize the invention/technology without legal risk.

Hence, all costs and research and development time invested by the inventor may be lost. Therefore, the patent office gives a rights to inventors to restore/revive their abandoned patent application/patent in a specific time period.

Steps to Restore/Renewal of Patent Applications

Almost all patent offices provide an opportunity to inventors to restore a patent application within a specific time period by following these steps: -

Step 1. Reviewing Reason of Abandonment

The first step to identify the reason of abandonment. For example, Patent application is abandoned

• Due to fee payment
• Due to not respond to patent office within specific deadline
• Missing required document
• Missing specification/details
• Unintentional activity

Step 2. Identify Time Limit (As per patent office/jurisdiction)

After identifying the reason for the abandonment, it is necessary to review the timeline for reviving the application at the specific patent office.

for example: -

United States (USPTO): Applications can typically be revived within 2 years of abandonment if the delay was unintentional.

European Patent Office (EPO): Requests for restoration must usually be made within 12 months from the missed deadline.

Step 3. File the application/Petition for reviving patent/patent application

After identifying the reason timeline, inventors file the petitions for restoring patent application/patent in patent office as per the rule.

The petition includes the explanation of reason of abandonment (fee delay, document missing etc).

Step 4. Inventor Justification (Affidavit)

Some patent office may have asked to inventors for a supportive document in the form of affidavit along with revival petition.

Step 5. Pay revival fess (as per patent office norms)

Along with revival petition, pay the revival petition fess as per jurisdiction

Step 6. Reduces Communication gap

Responded to patent office very quickly

Any response comes from patent office try to reply immediately.

Step 7. Take legal advice

Always try to take legal advice from expert person/organization.

Conclusion

Restoring an abandoned patent application is very important for inventors/applicant. Due to some reason patent/application get abandoned and all the information regarding the technology/invention comes in public domain. For preventing others to uses of this invention/technology without legal risk, an applicant/inventor can revive it by knowing the reason of abandoned and make its own Intellectual properties