Form PTO/SB/64/PCT Petition for Revival of an International Application for

Doc Code: PET.PCT
Document Description: Petition for review by the PCT Legal Office
PTO/SB/64PCT (12-20)
Approved for use through XX/XX/XXXX. 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 INTERNATIONAL (PCT) APPLICATION FOR PATENT
DESIGNATING THE U.S. ABANDONED UNINTENTIONALLY UNDER 37 CFR 1.137(a)
Page 1 of 3

Docket Number (Optional)

First named inventor: __________________________________________________________________________________________________
International (PCT) Application No.: _________________________________ U.S. Application No. (if known): __________________________
Filed: _________________________________________________
Title:

Attention: International Patent Legal Administration
Mail Stop PCT
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
NOTE: If information or assistance is needed in completing this form, please contact the PCT Helpdesk at (571) 272-4300.
The above-identified application became abandoned as to the United States because the fees and documents required by 35 U.S.C. 371(c) and
37 CFR 1.495 were not filed prior to the expiration of the time set in 37 CFR 1.495(b) or (c) (as applicable). The date of abandonment is the day
after the date on which the 35 U.S.C. 371(c) requirements were due. See 37 CFR 1.495(c) and (h).
APPLICANT HEREBY PETITIONS FOR REVIVAL OF THIS APPLICATION.
NOTE: A grantable petition requires the following items:
(1) Petition fee;
(2) Proper reply;
(3) Terminal disclaimer with disclaimer fee which is required for all international applications having an international filing date
before June 8, 1995; 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. Proper reply
The proper reply (the missing requirement(s)) in the form of
___________________________________________________________ (identify the type of reply):
has been filed previously on __________________________________________.
is enclosed herewith.
3. Terminal disclaimer with disclaimer fee
Since this international application has an international filing date 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).
A Federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with an
information collection subject to the requirements of the Paperwork Reduction Act of 1995, unless the information collection has a valid OMB Control Number.
The OMB Control Number for this information collection is 0651-0021. Public burden for this form is estimated to average 1 hour per response, including the time
for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the information collection.
Send comments regarding this burden estimate or any other aspect of this information collection, including suggestions for reducing this burden to the Office of
the Chief Administrative Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450 or email
[email protected].. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Mail Stop PCT, 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.PCT
Document Description: Petition for review by the PCT Legal Office
PTO/SB/64PCT (12-20)
Approved for use through 12/31/2020. 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 INTERNATIONAL (PCT) APPLICATION FOR PATENT
DESIGNATING THE U.S. ABANDONED UNINTENTIONALLY UNDER 37 CFR 1.137(a)
Page 2 of 3

4. STATEMENT: 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. [NOTE: The United States Patent and Trademark Office may require additional information if there is
a question as to whether either the abandonment or the delay in filing a petition under 37 CFR 1.137(a) was unintentional (MPEP 711.03(c),
subsections (III)(C) and (D)).]
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 37 CFR 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;

•

the applicant does not consider any patent to be of sufficient value to maintain an interest in 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.PCT
Document Description: Petition for review by the PCT Legal Office

PTO/SB/64PCT (12-20)
Approved for use through 12/31/2020. 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 INTERNATIONAL (PCT) APPLICATION FOR PATENT
DESIGNATING THE U.S. 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 (please identify): ___________________________________________________________________________________________
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 PCT, Commissioner for Patents, P. O. Box 1450, Alexandria, VA 22313-1450.
Transmitted to the United States Patent and Trademark Office by EFS-Web, or by facsimile to (571) 273-8300, on the date shown below.
____________________________
Date

________________________________________________________________
Signature
________________________________________________________________
Typed or printed name of person signing certificate

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submission of the attached form related to a patent application or patent. Accordingly, pursuant to the
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