What evidence is required for a showing of unavoidable delay in a petition to revive?
What evidence is required for a showing of unavoidable delay in a petition to revive?
When filing a petition to revive an abandoned application based on unavoidable delay, the petitioner must provide substantial evidence to support the claim. According to MPEP 711.03(c), the evidence required includes:
- Detailed explanation: A clear and detailed explanation of the circumstances that led to the delay.
- Supporting documents: Documentary evidence such as copies of records, correspondence, or other relevant materials that corroborate the explanation.
- Diligence: Evidence showing that reasonable care was taken to ensure timely filing or payment, and that the delay was unavoidable despite such care.
- Specific facts: The petition must include specific dates and facts concerning the abandonment and the delay in filing the petition.
The MPEP states: A delay resulting from an error (e.g., a docketing error) on the part of an employee in the performance of a clerical function may provide the basis for a showing of ‘unavoidable’ delay, provided it is shown that:
- The error was the cause of the delay at issue;
- There was in place a business routine for performing the clerical function that could reasonably be relied upon to avoid errors in its performance; and
- The employee was sufficiently trained and experienced with regard to the function and routine for its performance that reliance upon such employee represented the exercise of due care.
It’s crucial to provide a comprehensive and well-documented case to demonstrate that the delay was truly unavoidable under the circumstances.
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