What documents are required for a petition to excuse unintentional delay in an international design application?
A petition to excuse unintentional delay in an international design application must be accompanied by several documents and fees as specified in 37 CFR 1.1051(a). The required documents include:
- A copy of any invitation from the International Bureau setting the missed time limit
- The required reply (unless previously filed)
- The petition fee
- A certified copy of the original international design application (with exceptions)
- A statement of unintentional delay
- A terminal disclaimer and associated fee
As stated in the MPEP: “The petition must be accompanied by: (1) a copy of any invitation sent from the International Bureau setting a prescribed time limit for which applicant failed to timely act; (2) the reply required under 37 CFR 1.1051(c), unless previously filed; (3) the fee as set forth in 37 CFR 1.17(m); (4) a certified copy of the originally filed international design application, unless [exceptions apply]; (5) 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 this paragraph was unintentional; and (6) a terminal disclaimer (and fee as set forth in 37 CFR 1.20(d)) required pursuant to 37 CFR 1.1051(d).“
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