How 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 seeking the revival of an abandoned application was unintentional where the petition to revive was filed more than two years after the date the application became abandoned or there is an extended period of delay in filing a renewed petition.
Key factors in determining unintentional delay include:
- The length of the delay
- The reason for the delay
- When and how the abandonment was discovered
- The steps taken to file the petition once abandonment was discovered
The USPTO may require additional information if the delay seems excessive or if there are concerns about the unintentional nature of the delay.
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