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…
Read MoreHow can an applicant revive an abandoned application due to failure to reply?
To revive an abandoned application due to failure to reply, an applicant must file a petition to revive under 37 CFR 1.137. The petition must include: The required reply (which must have been filed) A statement that the entire delay in filing the required reply was unintentional Any terminal disclaimer required pursuant to 37 CFR…
Read MoreWhat is the process for restoring the right of priority in a design patent application?
The right of priority in a design patent application can be restored under certain conditions if the application is filed within two months of the expiration of the six-month priority period. According to MPEP 1504.10: “Under certain conditions, a right of priority to a foreign application may be restored if the U.S. design application is…
Read MoreWhat happens if I fail to file a Notice of Foreign Filing on time?
Failure to file a Notice of Foreign Filing within the required 45-day period results in the abandonment of the U.S. patent application. This consequence is explicitly stated in MPEP 1124 and 35 U.S.C. 122(b)(2)(B)(iii). According to MPEP 1124: “35 U.S.C. 122(b)(2)(B)(iii) further provides that failure of the applicant to provide the required notice within this…
Read MoreWhat happens if a reply to an Office action is filed after the expiration of the statutory period?
What happens if a reply to an Office action is filed after the expiration of the statutory period? If a reply to an Office action is filed after the expiration of the statutory period, it may still be accepted if it meets certain conditions. According to MPEP 710: “Any reply received in the Office after…
Read MoreCan 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…
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 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 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…
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…
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