Below are the general filing requirements for an ePetition requesting to revive an application to accept late payment of the issue fee, pursuant to 37 CFR 1.137(a)):
- The user must enter a valid U.S. application number.
- The application must be in an abandoned status
- The abandonment date must be less than one year prior to the filing date of the ePetition.
- The application has to have been allowed and cannot be an issued patent.
- Payment of the issue fee must be submitted with the ePetition.
- The filer is required to upload the Issue Fee Payment (PTO-85B) document. Corrected drawings or other documents may be uploaded.
- The filer must indicate the current entity status.
- The ePetition must be submitted from an inventor account or USPTO registered practitioner account. Sponsored accounts will not be able to submit the ePetition.
- All of the other requirements for a petition pursuant to 37 CFR 1.137(a) must be met.
NOTE: A successful ePetition submission will result in an Electronic Acknowledgement Receipt and Grant Letter being generated. Petitioners should verify that the information on the Electronic Acknowledgement Receipt and Grant Letter is complete and accurate as proof that the ePetition submission was successful.
Additional information on petitions to revive based on unintentional delay under 37 CFR 1.137 is available on the Common types of petitions handled by the Office of Petitions web page.