What is the difference between a petition under 37 CFR 1.137(a) and 37 CFR 1.137(b)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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). Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Application Must Be Explicitly Abandoned MPEP 711 Reply Required to Save Application from Abandonment MPEP 711 Required Express Abandonment of Patent Application MPEP 711 Permitted Reply Required Within Time Period Otherwise Abandoned MPEP 711 Amendments Not Saving Application from Abandonment MPEP 711 New Time Period for Inadvertently Omitted Matter in Reply to Non-Final Office Action MPEP 711 Permitted Declaration Required for Abandonment of Patent Application MPEP 711 Permitted Express Abandonment Must Be Timely Received MPEP 711 Prohibited Written Declaration Must Be Signed by Authorized Party MPEP 711 Required Attorney Can Abandon Prior Patent Application When Filing Continuing Application MPEP 711 Permitted Other Related FAQs 5 FAQs Collapse What...