How can I revive a patent application abandoned due to failure to file a Notice of Foreign Filing?
If your patent application has been abandoned due to failure to file a timely Notice of Foreign Filing, you can revive it by filing a petition under 37 CFR 1.137. According to MPEP 1124, this is the sole remedy available to restore the application to pending status. The petition must include: The required reply (in…
Read MoreWhat 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…
Read MoreWhat 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…
Read MoreWhat 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.…
Read MoreWhat 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,…
Read MoreHow does the USPTO determine if a delay in filing a petition was unintentional?
How does the USPTO determine if a delay in filing a petition was unintentional? The USPTO considers the entire delay in filing a petition to revive an abandoned application as unintentional if the delay was not intentional. The MPEP section 711.03(c) provides guidance on this: The USPTO requires additional information concerning whether a delay in…
Read MoreHow 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…
Read MoreWhat happens if a patent application is unintentionally abandoned?
What happens if a patent application is unintentionally abandoned? If a patent application is unintentionally abandoned, the applicant may have options to revive it. According to MPEP 711.04(a): ‘An application may be revived under 37 CFR 1.137 based on unintentional delay … The question of whether or not an application is abandoned must be determined…
Read MoreCan 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…
Read MoreCan a patent application be revived after abandonment due to an insufficient reply?
Yes, a patent application can potentially be revived after abandonment due to an insufficient reply, but specific conditions must be met. The MPEP 711.02(a) notes: “A reply to a non-final Office action that is bona fide but includes an omission may be treated by the examiner as complete. See MPEP § 714.03.” If the application…
Read More