What is the difference between a petition under 37 CFR 1.137(a) and 37 CFR 1.137(b)?
What is the difference between a petition under 37 CFR 1.137(a) and 37 CFR 1.137(b)?
The main difference between petitions under 37 CFR 1.137(a) and 37 CFR 1.137(b) lies in the circumstances of abandonment and the requirements for revival:
- 37 CFR 1.137(a): For unintentional abandonment. Requires a statement that the entire delay was unintentional.
- 37 CFR 1.137(b): For unavoidable abandonment. Requires evidence of unavoidable circumstances leading to abandonment.
As stated in the MPEP: A petition under 37 CFR 1.137(a) must be accompanied by: (1) the required reply…; (2) the petition fee as set forth in 37 CFR 1.17(m); (3) 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(a) was unintentional; and (4) any terminal disclaimer (and fee as set forth in 37 CFR 1.20(d)) required pursuant to 37 CFR 1.137(d).
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