ePetition Filing Requirements: Petition for Revival of an Application based on Failure to Notify the Office of a Foreign or International Filing (37 CFR 1.137 (f))

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Below are the general filing requirements for an ePetition requesting to revive an application abandoned for failure to notify the USPTO of a foreign or international filing, pursuant to 37 CFR 1.137(f):

  • Only registered users of the Patent Electronic System may file this petition as an ePetition.

  • The user must enter a valid U.S. application number.

  • The application cannot be in an abandoned status.

  • The petition must have a filing date more than 45 days past the foreign application filing date.

  • A non-publication request must have been previously filed.

  • If the filer has power of attorney, a valid Registration Number must be entered.

  • The filer is required to attach the Rescind Nonpublication Request for Pre Grant Pub document with this ePetition. 

  • The filer must indicate the current entity status.  

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 failure to notify the Office of a foreign filing under 37 CFR 1.137(f) is available on the  Common types of petitions handled by the Office of Petitions web page.