What should be included in a petition for stay of a patent term extension application?
When filing a petition for stay of a patent term extension application, the patent owner should provide detailed reasons why a stay is necessary. MPEP 2765 states: “Therefore, the applicant seeking a stay in the processing of the extension application should provide detailed reasons why a stay is necessary.” The petition should include: A clear…
Read MoreWhat are the requirements for a petition to revive a reexamination proceeding?
A petition to revive a reexamination proceeding must meet specific requirements as outlined in 37 CFR 1.137(b). The MPEP states: “A grantable petition pursuant to this section must be accompanied by: (1) The reply required to the outstanding Office action or notice, unless previously filed; (2) The petition fee as set forth in ยง 1.17(m);…
Read MoreWhat is required for a person showing sufficient proprietary interest to be an applicant?
For a person who shows sufficient proprietary interest to be an applicant, they must submit a petition that includes: The fee set forth in 37 CFR 1.17(g) A showing that the person has sufficient proprietary interest in the matter A statement that making the application for patent by this person on behalf of and as…
Read MoreWhat are the requirements for a grantable petition under 37 CFR 1.137(a) for unintentional delay?
What are the requirements for a grantable petition under 37 CFR 1.137(a) for unintentional delay? A grantable petition under 37 CFR 1.137(a) for unintentional delay must meet specific requirements. According to MPEP 711.03(c), these requirements include: The reply required to the outstanding Office action or notice: This could be a response to a non-final Office…
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 is the ‘unintentional delay’ standard for reviving an abandoned application?
The ‘unintentional delay’ standard requires that the entire delay in filing the required reply from the due date for the reply until the filing of a grantable petition was unintentional. This applies to the initial delay causing the abandonment, the delay in filing the initial petition, and any delay in filing a grantable petition. The…
Read MoreWhen is a terminal disclaimer required for reviving an abandoned application?
A terminal disclaimer is required for reviving an abandoned application in the following cases: Design applications, regardless of the period of abandonment Utility or plant applications filed before June 8, 1995 Utility or plant applications filed on or after June 8, 1995, but before May 29, 2000, where the application became abandoned during appeal, interference,…
Read MoreWhat are the requirements for requesting a suspension of action?
To request a suspension of action under 37 CFR 1.103(a), an applicant must meet specific requirements. The MPEP states that a petition for suspension of action must: Be accompanied by the petition fee set forth in 37 CFR 1.17(g); Specify a period of suspension not exceeding 6 months; and Present good and sufficient reasons why…
Read MoreWhat is required in a petition to revive an abandoned application?
A petition to revive an abandoned application under 37 CFR 1.137 must include: The required reply to the outstanding Office action or notice, unless previously filed The petition fee as set forth in 37 CFR 1.17(m) A statement that the entire delay was unintentional Any terminal disclaimer (and fee) required pursuant to 37 CFR 1.137(d)…
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