Deciding Office: Office of Petitions
Selected types of these petitions can also be filed as ePetitions, if filed less than two years after the abandonment date of the application.
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.
- A rescission of previous nonpublication request, when necessary, should also be filed with the petition.
Fees:
For the revival of an abandoned application for a patent based on failure to notify the Office of a foreign filing after submission of a non-publication request, when the petition under 37 CFR 1.137(f) is filed more than two years after the date the application became abandoned, the petition fee set forth in 37 CFR 1.17(m)(1) is required. Please consult the current USPTO Fee Schedule for code 1468/2468/3468 (Undiscounted Entity/Small Entity/Micro Entity) under the Patent Petition Fees.
For the revival of an abandoned application for a patent based on failure to notify the Office of a foreign filing after submission of a non-publication request, when the petition under 37 CFR 1.137(f) is filed before the time period specified in 37 CFR 1.17(m)(1) (less than or equal to two years after the date the application became abandoned), the petition fee set forth in 37 CFR 1.17(m)(2) is required. Please consult the current USPTO Fee Schedule for code 1453/2453/3453 (Undiscounted Entity/Small Entity/Micro Entity) under the Patent Petition Fees.
How to file:
Selected types of these petitions can be filed as an ePetition.
If not being filed as an ePetition, 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 a.m. to 5 p.m. ET.
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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.