What is the difference between a petition under 37 CFR 1.137(a) and 37 CFR 1.137(b)?
What is the difference between a petition under 37 CFR 1.137(a) and 37 CFR 1.137(b)?
The main difference between petitions under 37 CFR 1.137(a) and 37 CFR 1.137(b) lies in the circumstances and requirements for revival:
- 37 CFR 1.137(a): This petition is for unintentional abandonment and requires a statement that the entire delay was unintentional.
- 37 CFR 1.137(b): This petition is for unavoidable abandonment and requires a showing that the delay was unavoidable despite all due care.
The MPEP states: A petition under 37 CFR 1.137(a) must be accompanied by: (1) the required reply, unless previously filed; (2) the petition fee as set forth in 37 CFR 1.17(m); (3) 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(a) was unintentional; and (4) any terminal disclaimer (and fee as set forth in 37 CFR 1.20(d)) required pursuant to 37 CFR 1.137(d).
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