What are the requirements for a grantable petition under 37 CFR 1.137(a) for unintentional delay?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. A grantable petition under 37 CFR 1.137(a) for unintentional delay…

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How does the USPTO determine if a delay in responding to an Office action was ‘unintentional’?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The USPTO evaluates the circumstances surrounding the delay to determine…

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What is the ‘unintentional delay’ standard for reviving an abandoned application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The ‘unintentional delay’ standard requires that the entire delay in filing the required reply…

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What is the difference between unavoidable and unintentional delay in patent application abandonment?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The MPEP 711.03(b) distinguishes between unavoidable and unintentional delay for…

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