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08 - Revival Based on Unavoidable Delay

Deciding Office: The Office of Petitions

The criteria for a Petition requesting Revival Based on Unavoidable Delay is set forth in 37 CFR 1.137(a), MPEP § 711.03(c),II,C,2.

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

Fees:

  • 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:

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.

Forms:

The following forms are available: Petition Form PTO/SB/61, and Terminal Disclaimer Form PTO/SB/63.


For further assistance, please contact the Petitions Help Desk between 8:30 AM - 5 PM (EDT).

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Last Modified: 10/23/2013 11:44:17 AM