What 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)…
Read MoreWhat are the requirements for filing a petition to expunge information submitted under MPEP § 724.02?
To file a petition to expunge information submitted under MPEP § 724.02, you must meet several requirements as outlined in MPEP 724.05: File the petition fee under 37 CFR 1.17(g) Submit the petition at the time of filing the information or shortly thereafter Direct the petition to the Technology Center (TC) to which the application…
Read MoreWhat is required for a petition to revive an abandoned application?
A petition to revive an abandoned application under 37 CFR 1.137 requires: The required reply, 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) The MPEP states: A petition under 37 CFR…
Read MoreWhat are the specific requirements for a petition to make special under the accelerated examination program?
To file a petition to make special under the accelerated examination program, an applicant must meet the following specific requirements: File the application, petition, and required fees electronically using EFS-Web File a petition to make special with the appropriate fee File a statement that the application is limited to 3 or fewer independent claims, 20…
Read MoreHow does the USPTO handle unintentionally delayed domestic benefit claims?
The USPTO handles unintentionally delayed domestic benefit claims similarly to foreign priority claims, but with some specific provisions. According to MPEP 214.02: ‘For applications filed on or after September 16, 2012, the specific reference to the prior application must be included in an application data sheet (37 CFR 1.76). For applications filed prior to September…
Read MoreDo I need to file a petition if I submitted the benefit claim reference within the required time period but in the wrong location?
If you submitted the reference to the prior application within the required time period but in the wrong location, you may not need to file a petition. The MPEP provides guidance on this situation: If the reference to the prior application was previously submitted within the time period set forth in 37 CFR 1.78 but…
Read MoreWhat is required for a petition to restore the benefit of a provisional application?
A petition to restore the benefit of a provisional application under 37 CFR 1.78(b) must include several elements. According to MPEP 211.01(a): ‘A petition under 37 CFR 1.78(b) requires: (A) the reference required by 35 U.S.C. 119(e) and 37 CFR 1.78 to the prior-filed provisional application, which must be included in application data sheet (unless…
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