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 factors in determining unintentional delay include:
- The circumstances that led to the delay
- When and how the abandonment was discovered
- The steps taken to file the petition once abandonment was discovered
For petitions filed more than two years after the date of abandonment, the USPTO requires an additional explanation of the circumstances surrounding the delay. This is to ensure that the USPTO is provided with sufficient information to determine if the entire delay was unintentional.
It’s important to note that intentional delay can include deliberate decisions not to take action, even if the consequences of those decisions were not fully appreciated. The USPTO may request additional information if the explanation provided raises further questions about the unintentional nature of the delay.
To learn more: