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 on the Fees and payment page 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).