What is required in a petition to revive an abandoned patent application?
A petition to revive an abandoned patent application must include several elements. According to MPEP 711.03(b), the requirements include:
- The required reply to the outstanding Office action or notice, unless previously filed;
- The petition fee as set forth in 37 CFR 1.17(m);
- A statement that the entire delay was unintentional (for petitions under 37 CFR 1.137(b));
- A showing to the satisfaction of the Director that the delay was unavoidable (for petitions under 37 CFR 1.137(a)).
The specific requirements may vary depending on whether the petition is filed under unavoidable or unintentional delay. It’s crucial to meet all requirements to increase the chances of the petition being granted.
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