Patent and Trademark Office
ASSISTANT SECRETARY AND COMMISSIONER
OF PATENTS AND TRADEMARKS
Washington, D.C. 20231
jvn/kdbPaper No. 16
Clyde Knight, Jr.
40 x xxxxxx Drive
Gxxxxxxx, N.Y. 12345C 0 P Y MAILED
NOV 25 19xx
OFFICE OF PETITIONSIn re Application of :
Clyde Knight, Jr. :
Serial No. 07/423,xxx : ON PETITION
Filed: May 24, 19xx :This is in response to your letter of August 24, 19xx regarding the procedures for reviving an application for patent which has become abandoned.
The Manual of Patent Examining Procedure, Section 711.03(c), provides a general discussion of the procedures for filing a petition to revive an abandoned application. A copy of this section is forwarded herewith for your information.
This application became abandoned on April 14, 19xx for failure to the non-final Office action mailed January 13, 1992.
A petition for revival of an application abandoned unavoidably under 37 CFR 1*137(a) must be accompanied by an adequate verified showing of the cause of unavoidable delay, by a proper response to the outstanding Office action, by the petition fee required by law,and by a terminal disclaimer and fee (if the petition was filed more than 6 months after abandonment).
The verified showing requirement can be met by submission of the attached petition form and including statements of fact establishing that the delay in filing a response was unavoidable. This should include a showing of diligence during the time period between abandonment and filing of the petition to revive.
A complete response to the outstanding Office action must be submitted with the petition to revive unless earlier filed. In this instance, the response should be an amendment responding to the Office action. A copy of the Office action is enclosed herewith.
If the petition is filed more than 6 months after the date of abandonment, a disclaimer of a terminal portion of any patent which may issue on the above-identified application or on any application entitled to the benefit of the filing date of this application under 35 USC 120 is required. A copy of a Terminal Disclaimer form to be used is forwarded herewith.
A copy of a form for filing a petition for an application abandoned unavoidably is attached.
As an alternative to filing a petition for unavoidable abandonment, a petition for revival of an application abandoned unintentionally under 37 CFR 1.137(b) might be appropriate.
Any petition submitted for unintentional abandonment must be filed within one year of the indicated date of abandonment. The petition must be accompanied by the petition fee required by law, by a proper response to the outstanding Office action, and by a verified statement that the abandonment was unintentional.
A copy of a form for filing a petition for an application abandoned unintentionally is attached.
The petition fee required by law for filing an unavoidable petition is $55. The fee for an unintentional petition is $585. The terminal disclaimer fee is $55.
The required items should be promptly submitted under a cover letter entitled "Petition to Revive".
Further correspondence with respect to this matter should be marked on the front page of the communication to the attention of the Office of the Assistant Commissioner for Patents, Crystal Park Two, Suite 913, and addressed as follows:
By mail:
Commissioner of Patents and Trademarks
Box DAC
Washington, D.C. 20231By FAX:
(703) 305-8825
Attn: Office of PetitionsTelephone inquiries should be directed to the Office of
Petitions Staff at (703) 305-9282.Jeffrey V. Nase, Director
Office of Petitions
Office of the Assistant Commissioner for PatentsATTACHMENTS: Terminal Disclaimer Form
MPEP 711.03(c)
Form for Unavoidable Abandonment
Form for Unintentional Abandonment
Fee Schedule
Office action mailed January 13, 19xx
