What are the requirements for a grantable petition to revive under 37 CFR 1.137(a)?

A grantable petition to revive an abandoned application under 37 CFR 1.137(a) must include:

• The required reply to the outstanding Office action or notice
• The petition fee as set forth in 37 CFR 1.17(m)
• A statement that the entire delay was unintentional

According to MPEP 711.03(c):

“A grantable petition pursuant to 37 CFR 1.137 must be accompanied by: (A) The reply required to the outstanding Office action or notice, unless previously filed; (B) The petition fee as set forth in 37 CFR 1.17(m); (C) A statement that the entire delay in filing the required reply from the due date for the reply until the filing of a grantable petition pursuant to 37 CFR 1.137 was unintentional; and (D) Any terminal disclaimer (and fee as set forth in 37 CFR 1.20(d)) required pursuant to 37 CFR 1.137(d).”

It’s important to note that the USPTO requires an additional explanation of the circumstances surrounding the delay when the petition to revive is filed more than two years after the date of abandonment.

To learn more:

• petition to revive
• 37 CFR 1.137(a)
• unintentional delay
• patent application revival

To learn more:

• 37 CFR 1.137(a)