Fillable PETITION FOR REVIVAL OF AN APPLICATION FOR PATENT (USPTO)

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PETITION FOR REVIVAL OF AN APPLICATION FOR PATENT (USPTO)

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Doc Code: PET.OP
Document Description: Petition for Review by the Office of Petitions
PTO/SB/64 (12-20)
Approved for use through 02/28/2021. OMB 0651-0031
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PETITION FOR REVIVAL OF AN APPLICATION FOR PATENT
ABANDONED UNINTENTIONALLY UNDER 37 CFR 1.137(a)
Page 1 of 3
Docket Number (Optional)
First named inventor: _______________________________________________________________________________________________
Application No.: ________________________________________ Art Unit: ____________________________________________
Filed: _________________________________________________ Examiner: ___________________________________________
Title:
Attention: Office of Petitions
Mail Stop Petition
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
FAX (571) 273-8300
NOTE: If information or assistance is needed in completing this form, please contact the Office of Petitions at (571) 272-3282.
The above-identified application became abandoned for failure to file a timely and proper reply to a notice or action by the United States
Patent and Trademark Office. The date of abandonment is the day after the expiration date of the period set for reply in the Office notice or
action plus any extensions of time actually obtained.
APPLICANT HEREBY PETITIONS FOR REVIVAL OF THIS APPLICATION.
NOTE: A grantable petition requires the following items:
(1) Petition fee;
(2)
R
eply and/or issue fee;
(3)
T
erminal disclaimer with disclaimer fee – required for all utility and plant applications filed before June 8, 1995, and for all
design applications; and
(4) Statement that the entire delay was unintentional.
1. Petition fee
Small entity fee $ __________ (37 CFR 1.17(m)). Applicant asserts small entity status. See 37 CFR 1.27.
Micro entity fee $ __________ (37 CFR 1.17(m)). Applicant certifies micro entity status. See 37 CFR 1.29.
Form PTO/SB/15A or B or equivalent must either be enclosed or have been submitted previously.
Undiscounted fee $ __________ (37 CFR 1.17(m)).
2. Reply and/or fee
A The reply and/or fee to the above-noted Office notice or action in the form of
___________________________________________________________ (identify the type of reply):
has been filed previously on __________________________________________.
is enclosed herewith.
B The issue fee and publication fee (if applicable) of $ __________
has been paid previously on __________________________________________.
is enclosed herewith.
This collection of information is required by 37 CFR 1.137(a). The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO
to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11, 1.14 and 41.6. This collection is estimated to take 1 hour to complete,
including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on
the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and
Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND
TO: Mail Stop Petition, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.
Doc Code: PET.OP
Document Description: Petition for Review by the Office of Petitions
PTO/SB/64 (12-20)
Approved for use through 02/28/2021. OMB 0651-0031
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PETITION FOR REVIVAL OF AN APPLICATION FOR PATENT
ABANDONED UNINTENTIONALLY UNDER 37 CFR 1.137(a)
Page 2 of 3
3. Terminal disclaimer with disclaimer fee
Since this utility/plant application was filed on or after June 8, 1995, no terminal disclaimer is required.
A terminal disclaimer (and disclaimer fee (37 CFR 1.20(d)) of $ __________) disclaiming the required period of time is enclosed
herewith (see PTO/SB/63).
4.
S
TATEMENT: The entire delay in filing the required reply from the due date for the required reply until the filing of a grantable petition
under 37 CFR 1.137(a) was unintentional.
Petitioner is reminded that a delay resulting from a deliberately chosen course of action on the part of the applicant does not become an
“unintentional” delay within the meaning of 37CFR 1.137 because:
• the applicant does not consider the claims to be patentable over the references relied upon in an outstanding Office action;
• the applicant does not consider the allowed or patentable claims to be of sufficient breadth or scope to justify the financial
expense of obtaining a patent;
• the applicant does not consider any patent to be of sufficient value to justify the financial expense of obtaining the patent; or
• the applicant remains interested in eventually obtaining a patent, but simply seeks to defer patent fees and patent prosecution
expenses.
Petitioner is further reminded that an intentional delay resulting from a deliberate course of action chosen by the applicant is not affected
by:
• the correctness of the applicant’s (or applicant’s representative’s) decision to abandon the application or not to seek or persist in
seeking revival of the application;
• the correctness or propriety of a rejection, or other objection, requirement, or decision by the Office; or
• the discovery of new information or evidence, or other change in circumstances subsequent to the abandonment or decision not
to seek or persist in seeking revival.
NOTE: Where the petition under 37 CFR 1.137(a) is filed more than two years after the date the application became abandoned, the United
States Patent and Trademark Office requires an additional explanation of the circumstances surrounding the delay that establishes the
entire delay was unintentional. This requirement is in addition to the requirement to provide a statement that the entire delay was
unintentional. See Clarification of the Practice for Requiring Additional Information in Petitions Filed in Patent Applications and Patents
Based on Unintentional Delay, 85 FR 12222 (March 2, 2020). See MPEP 711.03(c)(II)(C)-(F) for additional guidance on the information
required to establish that the entire delay was unintentional.
Because this petition under 37 CFR 1.137(a) is being filed more than two years after the date the application became abandoned,
additional explanation of the circumstances surrounding the delay that establishes the entire delay was unintentional is enclosed
herewith.
Doc Code: PET.OP
Document Description: Petition for Review by the Office of Petitions
PTO/SB/64 (12-20)
Approved for use through 02/28/2021. OMB 0651-0031
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PETITION FOR REVIVAL OF AN APPLICATION FOR PATENT
ABANDONED UNINTENTIONALLY UNDER 37 CFR 1.137(a)
Page 3 of 3
WARNING:
Petitioner/applicant is cautioned to avoid submitting personal information in documents filed in a patent application that may contribute to
identity theft. Personal information such as social security numbers, bank account numbers, or credit card numbers (other than a check or
credit card authorization form PTO-2038 submitted for payment purposes) is never required by the USPTO to support a petition or an
application. If this type of personal information is included in documents submitted to the USPTO, petitioners/applicants should consider
redacting such personal information from the documents before submitting them to the USPTO. Petitioner/applicant is advised that the
record of a patent application is available to the public after publication of the application (unless a non-publication request in compliance
with 37 CFR 1.213(a) is made in the application) or issuance of a patent. Furthermore, the record from an abandoned application may also
be available to the public if the application is referenced in a published application or an issued patent (see 37 CFR 1.14). Checks and credit
card authorization forms PTO-2038 submitted for payment purposes are not retained in the application file and therefore are not publicly
available.
__________________________________________________ _______________________________________
Signature Date
__________________________________________________ _______________________________________
Typed or Printed Name Registration Number, if applicable
__________________________________________________ _______________________________________
Address Telephone Number
__________________________________________________
Address
Enclosures:
Petition fee under 37 CFR 1.17(m)
Reply and/or fee
Terminal Disclaimer Form
Additional sheet(s) containing statements establishing unintentional delay
Other: _______________________________________________________________________________________________________
CERTIFICATE OF MAILING OR TRANSMISSION [37 CFR 1.8(a)]
I hereby certify that this correspondence is being:
Deposited with the United States Postal Service on the date shown below with sufficient postage as first class mail in an envelope
addressed to: Mail Stop Petition, Commissioner for Patents, P. O. Box 1450, Alexandria, VA 22313-1450.
Transmitted by facsimile on the date shown below to the United States Patent and Trademark Office at (571) 273-8300.
____________________________ ____________________________________________________________
Date Signature
_____________________________________________________________
Typed or printed name of person signing certificate
Privacy Act Statement
The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your
submission of the attached form related to a patent application or patent. Accordingly, pursuant to the
requirements of the Act, please be advised that: (1) the general authority for the collection of this information is
35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which
the information is used by the U.S. Patent and Trademark Office is to process and/or examine your submission
related to a patent application or patent. If you do not furnish the requested information, the U.S. Patent and
Trademark Office may not be able to process and/or examine your submission, which may result in termination
of proceedings or abandonment of the application or expiration of the patent.
The information provided by you in this form will be subject to the following routine uses:
1. The information on this form will be treated confidentially to the extent allowed under the Freedom of
Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records
may be disclosed to the Department of Justice to determine whether disclosure of these records is
required by the Freedom of Information Act.
2. A record from this system of records may be disclosed, as a routine use, in the course of presenting
evidence to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in
the course of settlement negotiations.
3. A record in this system of records may be disclosed, as a routine use, to a Member of Congress
submitting a request involving an individual, to whom the record pertains, when the individual has
requested assistance from the Member with respect to the subject matter of the record.
4. A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency
having need for the information in order to perform a contract. Recipients of information shall be required
to comply with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).
5. A record related to an International Application filed under the Patent Cooperation Treaty in this system
of records may be disclosed, as a routine use, to the International Bureau of the World Intellectual
Property Organization, pursuant to the Patent Cooperation Treaty.
6. A record in this system of records may be disclosed, as a routine use, to another federal agency for
purposes of National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act
(42 U.S.C. 218(c)).
7. A record from this system of records may be disclosed, as a routine use, to the Administrator, General
Services, or his/her designee, during an inspection of records conducted by GSA as part of that agency’s
responsibility to recommend improvements in records management practices and programs, under
authority of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the GSA
regulations governing inspection of records for this purpose, and any other relevant (i.e., GSA or
Commerce) directive. Such disclosure shall not be used to make determinations about individuals.
8. A record from this system of records may be disclosed, as a routine use, to the public after either
publication of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C.
151. Further, a record may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to
the public if the record was filed in an application which became abandoned or in which the proceedings
were terminated and which application is referenced by either a published application, an application
open to public inspection or an issued patent.
9. A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law
enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or
regulation.
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PETITION FOR REVIVAL OF AN APPLICATION FOR PATENT (USPTO)

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Completed 17 July 2021

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