What is required in a petition to revive an abandoned application?
A petition to revive an abandoned application under 37 CFR 1.137 must include:
- The required reply to the outstanding Office action or notice, unless previously filed
- The petition fee as set forth in 37 CFR 1.17(m)
- A statement that the entire delay was unintentional
- Any terminal disclaimer (and fee) required pursuant to 37 CFR 1.137(d)
The MPEP states: A petition under 37 CFR 1.137 requires: (A) the required reply, unless previously filed; (B) the petition fee as set forth in 37 CFR 1.17(m); (C) any terminal disclaimer (and fee as set forth in 37 CFR 1.20(d)) required pursuant to 37 CFR 1.137(d); and (D) a statement that the entire delay in filing the required reply from the due date for the reply until the filing of a grantable petition pursuant to 37 CFR 1.137 was unintentional.
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