What is the effect of filing a petition to revive an abandoned application more than two years after the date of abandonment?
When a petition to revive an abandoned application is filed more than two years after the date of abandonment, the USPTO requires additional information to ensure the entire delay was unintentional. This requirement includes:
- A detailed explanation of the circumstances surrounding the delay
- Evidence supporting the claim that the entire delay was unintentional
- Information about when the applicant became aware of the abandonment
The MPEP states: Any applicant filing a petition to revive an abandoned application under 37 CFR 1.137 more than two years after the date of abandonment is required to provide an additional explanation of the circumstances surrounding the delay that establishes that the entire delay was unintentional. This requirement is in addition to the requirement to provide a statement that the entire delay was unintentional.
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