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(A) When the issue fee is not paid and the application is abandoned for failure to pay the issue fee, proceedings are terminated as of the date the issue fee was due and the application is the same as if it were abandoned after midnight on that date (but if the issue fee is later accepted, on petition, the application ...
Depending upon how late you are, you may need to submit a petition to revive an expired patent along with payment of late maintenance fees.
Fortunately, after a patent application has been declared abandoned, it can usually be revived by completing a few simple steps: Filing a petition to revive abandoned patent application. Paying a revival fee and any other fees that are owed. Correcting the issue that resulted in the abandonment.
A fee for revival also has to be paid post the filing of the petition, and this is to be followed by remedying the situation that caused the abandonment in the first instance. In India, an application for a patent, once abandoned, as discussed in Sections 9(1) and 21(1) of the Act, cannot be revived as per the law.
The simple answer is YES. When a patent expires or is abandoned, you (i.e., the public) are allowed to make and use the invention described in the patent. The patent owner's invention has been dedicated to the public.
If your provisional patent application expired or was abandoned, it is as if the application was never filed. Because it is as if you never filed the application, you can file the same or updated application again.
United States Patent and Trademark Office (.uspto.gov) Copies of patents, patent applications, and many other patent-related filings are available on the USPTO web site. Patent searching can be done directly on the USPTO's web site. Full text and images are available for patents from 1976 to the most recent Tuesday.