PTO/SB/64 Petition for Revival of an Application for Patent Abando

Doc Code: PET.OP
Document Description: Petition for Review by the Office of Petitions
PTO/SB/64 (01-18)
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 APPLICATION FOR PATENT
ABANDONED UNINTENTIONALLY UNDER 37 CFR 1.137(a)

Docket Number (Optional)

Page 1 of 2
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) Reply and/or issue fee;
(3) Terminal 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(b). 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 Administrative 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 (01-18)
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 APPLICATION FOR PATENT

ABANDONED UNINTENTIONALLY UNDER 37 CFR 1.137(a)

Page 2 of 2
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. 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)).]
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:
Fee Payment
Reply
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. The United States Patent and
Trademark Office (USPTO) collects this information under authority of 5 CFR 339.205. The information in this
system of records is used to manage all records of applicant including name, citizenship, residence, post office
address and other information pertaining to the applicant's activities in connection with the invention for which a
patent is sought. Statements containing various kinds of information with respect to inventors who are
deceased or incapacitated, or who are unavailable or unwilling to make application for patent. The information
obtain is protected from disclosure to third parties in accordance with the Privacy Act.
However, routine uses of this information may include disclosure to the following: to law enforcement and
investigation in the event that the system of records indicates a violation or potential violation of law; to a
Federal, state, local, or international agency, in response to its request; to an agency, organization, or
for the purpose of performing audit or oversight operations as authorized by law; to non-federal
individual
personnel under contract to the agency; to a court for adjudication and litigation; to the Department of Justice
for Freedom of Information Act (FOIA) assistance; to members of congress working on behalf of an individual;
to the Office of Personnel Management (OPM) for personnel research purposes; to National Archives and
Administration for inspection of records; and to the Office of Management and Budget (OMB)for
Records
legislative coordination and clearance. Failure to provide any part of the requested information may result in an
inability to process requests for access and information. The applicable Privacy Act System of Records Notice
for this information is COMMERCE/PAT-TM-7 Patent Application Files, available at Federal Register /Vol. 78,
No. 61 / Friday, March 29, 2013 /Notices 19243. https://www.govinfo.gov/content/pkg/FR-2013-03-29/
pdf/2013-07341.pdf