Deciding Office: The Office of Petitions
In general, these are the steps to follow for filing a Petition requesting Revival Based on Unavoidable Delay:
A Petition requesting Revival Based on Unavoidable Delay 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(l); (3) a showing to the satisfaction of the Director 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 unavoidable; and (4) any terminal disclaimer (and fee as set forth in 37 CFR 1.20(d)) required pursuant to 37 CFR 1.137 (d). The Director may require additional information.
- Terminal Disclaimers are required with utility/plant application filed before June 8, 1995, and with any design application regardless of its filing date
- For the proper petition fee required for a Petition requesting Revival Based on Unavoidable Delay, please consult the Current USPTO Fee Schedule on the Fee Information Page for code 1452/2452/3452 (Large Entity/Small Entity/Micro Entity) under the Patent Petition Fees.
How to File:
- This petition may be filed using any of these delivery methods.
For the relevant patent laws and rules applicable to Revival Based on Unavoidable Delay, please see:
- 37 CFR 1.17, Patent application and reexamination processing fees;
- 37 CFR 1.137, Revival of abandoned application, terminated or limited reexamination prosecution, or lapsed patent;
- 37 CFR 1.321, Statutory disclaimers, including terminal disclaimers;
- MPEP § 711.03, Petitions related to abandonment; and
- MPEP § 1490, Disclaimers.
For further assistance, please contact the Petitions Help Desk between 8:30 AM - 5 PM (EDT).