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Manual of Patent Examining Procedure - MPEP1800 Patent Cooperation Treaty1893.02 Abandonment [R-1]If the requirements of 35 U.S.C. 371(c) are not complied with by the time period set in 37 CFR 1.495(b) and (c), the application is considered to be abandoned, see 37 CFR 1.495(h). Examiners and applicants should be aware that sometimes papers filed for the national stage are deficient and abandonment results. For example, if the fee submitted does not include at least the amount of the basic national fee that is due, the application becomes abandoned. Applicant may file a petition to revive an abandoned application in accordance with the provisions of 37 CFR 1.137. See MPEP § 711.03(c). |