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10 - Revival Based on Failure to Notify the Office of a Foreign Filing after Submission of a Non-Publication Request (Available as an E-Petition)

Deciding Office: The Office of Petitions

  • This petition can be filed as an ePetition.

The criteria for a Petition requesting Revival Based on Failure to Notify the Office of a Foreign Filing after Submission of a Non-Publication Request is set forth in 37 CFR 1.137(f), MPEP § 711.03(c),II,C,1

In general, these are the steps to follow for filing a Petition requesting Revival Based on Failure to Notify the Office of a Foreign Filing after Submission of a Non-Publication Request:

  • A Petition requesting Revival Based on Failure to Notify the Office of a Foreign Filing after Submission of a Non-Publication Request abandoned pursuant to 35 U.S.C. 122(b)(2)(B)(iii) for failure to notify the USPTO of a foreign filing must be accompanied by: (1) the required reply which is met by the notification of such a filing in a foreign country or under a multinational treaty; (2) the petition fee as set forth in 37 CFR 1.17(m); and a statement that the entire delay in filing the required reply from the due date of the reply until the filing of a grantable petition was unintentional.
  • A Rescission of Previous Nonpublication Request, when necessary, should also be filed with the petition.

Fees:

  • For the proper petition fee required for a Petition for Revival Based on Failure to Notify the Office of a Foreign Filing after Submission of a Non-Publication Request, 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:

For the relevant patent laws and rules applicable to Revival Based on Failure to Notify the Office of a Foreign Filing after Submission of a Non-Publication Request, 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; and
  • MPEP § 711.03, Petitions related to abandonment.

Forms:

The following forms  are available: Petition Form PTO/SB/64a and Rescission of Previous Nonpublication Request Form PTO/SB/36.


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 11:42:30 AM