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

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

A grantable petition under 37 CFR 1.137(a) for unintentional delay must meet specific requirements. According to MPEP 711.03(c), these requirements include:

1. The reply required to the outstanding Office action or notice: This could be a response to a non-final Office action, a notice of allowance, or other required submissions.
2. The petition fee: As set forth in 37 CFR 1.17(m).
3. A statement that the entire delay was unintentional: This statement must be included in the petition.

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

Additionally:

• The petition must be signed by a registered patent practitioner, the applicant, or the assignee of the entire interest.
• If the applicant is a juristic entity, the petition must be signed by a patent practitioner.
• The USPTO may require additional information if the petition is filed more than two years after the date of abandonment.

It’s important to note that the third requirement, the statement of unintentional delay, is subject to the USPTO’s guidance on unintentional delay practice. This guidance emphasizes that the entire period of delay, from the due date for the reply until the filing of a grantable petition, must be unintentional for the petition to be granted.

To learn more:

• petition requirements
• unintentional delay
• 37 CFR 1.137(a)
• abandoned application

To learn more:

• 37 CFR 1.137(a)