ePetition Filing Requirements: Petition for Revival of an Application for Continuity Purposes Only (37 CFR 1.137 (a))

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Below are the general filing requirements for an ePetition requesting to revive an application for continuity purposes only, pursuant to 37 CFR 1.137(a):

  • Only registered users of the USPTO patent electronic filing system may file this petition as an ePetition.

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

  • The application number entered cannot be for a provisional application.

  • The application number entered must not be for an issued patent.

  • The application must be in an abandoned status.

  • The continuing (Child) application has to have been previously filed. In addition, the application number entered for the continuing application must be different from the application number of the application in which the petition to revive is being filed. 

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

  • 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 unintentional delay under 37 CFR 1.137 is available on the Office of Petitions web page.