What documents are required for a petition to excuse unintentional delay in an international design application?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
A petition to excuse unintentional delay in an international design application must be accompanied by several documents and fees as specified in 37 CFR 1.1051(a). The required documents include:
- A copy of any invitation from the International Bureau setting the missed time limit
- The required reply (unless previously filed)
- The petition fee
- A certified copy of the original international design application (with exceptions)
- A statement of unintentional delay
- A terminal disclaimer and associated fee
As stated in the MPEP: “The petition must be accompanied by: (1) a copy of any invitation sent from the International Bureau setting a prescribed time limit for which applicant failed to timely act; (2) the reply required under 37 CFR 1.1051(c), unless previously filed; (3) the fee as set forth in 37 CFR 1.17(m); (4) a certified copy of the originally filed international design application, unless [exceptions apply]; (5) 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 this paragraph was unintentional; and (6) a terminal disclaimer (and fee as set forth in 37 CFR 1.20(d)) required pursuant to 37 CFR 1.1051(d).“