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09 - Revival Based on Unintentional Delay

Deciding Office: The Office of Petitions

  • Selected types of these petitions can also be filed as ePetitions.

The criteria for a Petition requesting Revival Based on Unintentional Delay is set forth in 37 CFR 1.137(b), MPEP § 711.03(c),II,C,1.                                                                  

In general, these are the steps to follow for filing a Petition requesting Revival Based on Unintentional Delay:

  • A Petition requesting Revival Based on Unintentional Delay under 37 CFR 1.137(b) 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(b) was unintentional; and (4) any terminal disclaimer (and fee as set forth in 37 CFR 1.20(d)) required by 37 CFR 1.137(d).  Where there is a question as to whether either the abandonment or the delay in filing a petition under 37 CFR 1.137 was unintentional, 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 for Revival Based on Unintentional Delay, please consult the Current USPTO Fee Schedule on the Fee Information Page for code 1453/2453/3453 (Large Entity/Small Entity/Micro Entity) under the Patent Petition Fees.

How to File:

  • Selected types of these petitions can be filed as ePetitions.
  • If not being filed as an epetition, this petition may be filed using any of these delivery methods.

For the relevant patent laws and rules applicable to Revival Based on Unintentional 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/64, 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 11:42:59 AM