What form is used for reviving an application abandoned due to failure to notify the USPTO of foreign filing?

For reviving a patent application that was abandoned due to failure to notify the USPTO of foreign or international filing, you should use Form PTO/SB/64a. The full title of this form is “Petition for Revival of an Application for Patent Abandoned for Failure to Notify the Office of a Foreign or International Filing (37 CFR…

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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…

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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 and requirements for revival: 37 CFR 1.137(a): This petition is for unintentional abandonment and requires a statement that the entire delay was unintentional.…

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What are the consequences of submitting a false statement of unintentional delay?

What are the consequences of submitting a false statement of unintentional delay? Submitting a false statement of unintentional delay to the USPTO can have serious consequences. The MPEP section 711.03(c) warns: 35 U.S.C. 41(a)(7) provides that the Office shall charge $[XXXXXX] on filing each petition for the revival of an abandoned application for a patent,…

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How does the USPTO determine if a delay in responding to an Office action was ‘unintentional’?

How does the USPTO determine if a delay in responding to an Office action was ‘unintentional’? The USPTO evaluates the circumstances surrounding the delay to determine if it was truly unintentional. According to MPEP 711.03(c): ‘The USPTO requires that a petition under 37 CFR 1.137(a) be accompanied by a statement that the entire delay in…

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Can a patent application be revived after abandonment due to an insufficient reply?

Can a patent application be revived after abandonment due to an insufficient reply? Yes, a patent application that has been abandoned due to an insufficient reply can potentially be revived. However, the process and requirements depend on whether the abandonment was unavoidable or unintentional. According to MPEP 711.02(a): “A petition to revive an abandoned application…

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