How does the USPTO determine if a delay in filing a petition was unintentional?

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 considers the entire delay in filing a petition to revive an abandoned application as unintentional if the delay was not the result of a deliberate choice. The MPEP states:

The Director may require additional information where there is a question whether the delay was unintentional.

To determine if the delay was unintentional, the USPTO may consider:

• The circumstances surrounding the abandonment
• The length of the delay in filing the petition
• Any actions taken by the applicant during the delay period

If there are questions about the unintentional nature of the delay, the USPTO may request additional information from the applicant. It’s important to provide a detailed explanation of the circumstances leading to the delay when filing the petition.

For more information, refer to MPEP 711.03(c).