What constitutes ‘unintentional’ delay for a revival petition?
‘Unintentional’ delay means the entire delay in filing the required reply from the due date until the filing of a grantable petition was unintentional. Some key points about unintentional delay: The USPTO generally accepts the statement of unintentional delay without requiring further information Deliberately choosing to abandon an application is not considered unintentional Changing one’s…
Read MoreCan a provisional application be revived after 12 months from its filing date?
A provisional application cannot be revived to be pending after 12 months from its filing date. Key points about reviving provisional applications: A petition to revive can be filed for a provisional application abandoned for failure to respond to an Office requirement The revival can only make the application pending up to the 12-month point…
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 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 is the effect of filing a petition to revive an abandoned application more than two years after the date of abandonment?
When a petition to revive an abandoned application is filed more than two years after the date of abandonment, the USPTO requires additional information to ensure the entire delay was unintentional. This requirement includes: A detailed explanation of the circumstances surrounding the delay Evidence supporting the claim that the entire delay was unintentional Information about…
Read MoreWhat is the effect of filing a petition to revive on patent term adjustment?
Filing a petition to revive an abandoned application can affect patent term adjustment (PTA) in the following ways: For applications filed on or after May 29, 2000, any patent term adjustment is automatically reduced under 37 CFR 1.704(c)(4) if a petition to revive is not filed within 2 months of the notice of abandonment If…
Read MoreWhat happens if the national stage requirements are not met within the time limit?
If the national stage requirements are not met within the time limit, the application will be considered abandoned. However, there are provisions for reviving an abandoned application under certain circumstances. MPEP 601.04 explains: “If the basic national fee and copy of the international application are not filed by the expiration of the applicable time period…
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