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:  Office of Petitions

This petition can be filed as an ePetition [PDF].

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 are set forth in 37 CFR 1.137(f) and MPEP §  711.03(c)(II)(A)(5).

In general, these are the steps 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

(3) 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.

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 for code 1453/2453/3453 (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 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, or terminated or limited reexamination prosecution;and
  • MPEP § 711.03(c) 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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The Federal Register is the authoritative source and should be consulted if a need arises to verify the authenticity of the language for any CFR citation.  Because fee schedule changes may not be reflected in the most recent version of the MPEP, please consult the USPTO Fee Schedule to determine current fee amounts.