Two kinds of abandonment exist:

If the reason for abandonment is your fault—for example, you simply lost track of dates and missed a deadline—you must pay the due fee plus a penalty for your mistake. A costly error! Check the USPTO website (www.uspto.gov) for the latest fee schedule.

If your reason is unintentional—for example, you claim to never have received the notice from the USPTO—you must pay to have your petition considered, plus you still have to pay the required fee. You might want to add a notarized letter to the form explaining your story in detail.

I was involved once in a case in which the USPTO put the wrong zip code on our paperwork, an error that caused a one-month delay and ultimately resulted in our getting slapped with abandonment papers. I was able to cure this with a phone call to a senior USPTO official. It was an open-and-shut case, as far as he was concerned.

Upon seeing proof of the typo, he personally ordered the abandonment to be withdrawn. We never even had to pay the petition fees; there was just no question about who was wrong.

If you have any questions about how to handle a petition, do not hesitate to call the USPTO at 571-272-3282 for the latest information. I have had occasion to revive patents, and the folks who answer this line are extremely helpful.

Mail petitions for revival to:

It’s a good idea to log all your USPTO correspondence in and out of your office. This helps you keep track of deadlines and gives you a record of paper flow. Losing paperwork or missing a deadline can be both costly and time-consuming.