What happens if an issue fee is paid late?

If an issue fee is paid late, the following applies: A surcharge is required for late payment of the issue fee. The patent may be held abandoned if the issue fee is not paid within the period set for payment. If the delay in payment is shown to have been unintentional, the Commissioner may accept…

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Can an abandoned patent application be revived?

Yes, an abandoned patent application can potentially be revived under certain circumstances. The MPEP 711.02 states: “An application abandoned under 37 CFR 1.135 may be revived as a pending application if the delay was unintentional.” To revive an abandoned application, the applicant must: File a petition to revive under 37 CFR 1.137 Pay the required…

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What 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…

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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 filing a petition to revive was unintentional?

The USPTO considers the entire delay in filing a petition to revive when determining if it was unintentional. This includes the delay from the date of abandonment until the filing of a grantable petition. The MPEP 711.03(c) states: “The Director may require additional information where there is a question whether the delay was unintentional.” Key…

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