How does the USPTO handle petitions to revive filed more than two years after abandonment?
How does the USPTO handle petitions to revive filed more than two years after abandonment?
When a petition to revive an abandoned application is filed more than two years after the date of abandonment, the USPTO applies additional scrutiny. According to MPEP 711.03(c):
Where a petition to revive an abandoned application is filed more than two years after the date the application became abandoned, the Office may require additional information concerning the cause of the delay between the date the applicant discovered the abandonment of the application and the date a petition to revive was filed.
This additional scrutiny involves:
- Detailed explanation: The petitioner must provide a thorough explanation of the delay in filing the petition after discovering the abandonment.
- Supporting evidence: Documentary evidence may be required to corroborate the explanation for the extended delay.
- Diligence inquiry: The USPTO may investigate whether the applicant acted with diligence in promptly filing the petition once the abandonment was discovered.
- Possible interview: In some cases, the examiner may request an interview to gather more information about the circumstances of the delay.
The purpose of this additional scrutiny is to ensure that the revival of long-abandoned applications does not unfairly prejudice the rights of the public or other applicants. Petitioners should be prepared to provide a compelling case for why the petition should be granted despite the significant delay.
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