03/18/2020

March 2, 2020 – U.S. Patent & Trademark Office Clarifies its Practice of Requiring Additional Information in Petitions Based on Unintentional Delay

The U.S. Patent & Trademark Office on March 2, 2020, published a notice in the Federal Register to clarify its practice of requiring additional information regarding petitions filed in patent applications and patents based on unintentional delay.  See 85 FR 12222.  This clarification of practice applies to any petition decided on or after March 2, 2020.  The Office identified these situations in which it will require additional information:

1.    When a petition to revive an abandoned application is filed more than two years after the date the application became abandoned;

2.    When a petition to accept a delayed maintenance fee payment is filed more than two years after the date the patent expired for non-payment, and;

3.    When a petition to accept a delayed priority or benefit claim is filed more than two years after the date the priority or benefit claim was due.