RESTORE THE APPLICATION

A provisional application for patent has a pendency lasting 12 months from the date the provisional
application is filed. The 12-month pendency period cannot be extended. Therefore, an applicant
who files a provisional application must file a corresponding nonprovisional application for patent
(nonprovisional application) during the 12-month pendency period of the provisional application in
order to benefit from the earlier filing of the provisional application. However, a nonprovisional
application that was filed more than 12 months after the filing date of the provisional application,
but within 14 months after the filing date of the provisional application, may have the benefit of the
provisional application restored by filing a grantable petition (including a statement that the
delay in filing the nonprovisional application was unintentional and the required petition fee)
to restore the benefit under 37 CFR 1.78. https://www.uspto.gov/patents/basics/types-patent-
applications/provisional-application-patent

§ 1.78 Claiming benefit of earlier filing date and cross-references to other applications.

(a) Claims under 35 U.S.C. 119(e) for the benefit of a prior-filed provisional application. An applicant in
a nonprovisional application, other than for a design patent, or an international application designating
the United States may claim the benefit of one or more prior-filed provisional applications under the
conditions set forth in 35 U.S.C. 119(e) and this section.

(1) The nonprovisional application or international application designating the United States must be:

(i) Filed not later than twelve months after the date on which the provisional application was filed,
subject to paragraph (b) of this section (a subsequent application); or

(ii) Entitled to claim the benefit under 35 U.S.C. 120, 121, or 365(c) of a subsequent application that
was filed within the period set forth in paragraph (a)(1)(i) of this section.

(2) Each prior-filed provisional application must name the inventor or a joint inventor named in the
later-filed application as the inventor or a joint inventor. In addition, each prior-filed provisional
application must be entitled to a filing date as set forth in § 1.53(c), and the basic filing fee set forth in §
1.16(d) must have been paid for such provisional application within the time period set forth in §
1.53(g).

(3) Any nonprovisional application or international application designating the United States that claims
the benefit of one or more prior-filed provisional applications must contain, or be amended to contain, a
reference to each such prior-filed provisional application, identifying it by the provisional application
number (consisting of series code and serial number). If the later-filed application is a nonprovisional
application, the reference required by this paragraph must be included in an application data sheet (§
1.76(b)(5)).

(4) The reference required by paragraph (a)(3) of this section must be submitted during the pendency of
the later-filed application. If the later-filed application is an application filed under 35 U.S.C. 111(a), this
reference must also be submitted within the later of four months from the actual filing date of the later-
filed application or sixteen months from the filing date of the prior-filed provisional application. If the
later-filed application is a nonprovisional application entering the national stage from an international
application under 35 U.S.C. 371, this reference must also be submitted within the later of four months
from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f) (§ 1.491(a)), four
months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage, or
sixteen months from the filing date of the prior-filed provisional application. Except as provided in
paragraph (c) of this section, failure to timely submit the reference is considered a waiver of any benefit
under 35 U.S.C. 119(e) of the prior-filed provisional application. The time periods in this paragraph do
not apply if the later-filed application is:

(i) An application filed under 35 U.S.C. 111(a) before November 29, 2000; or

(ii) An international application filed under 35 U.S.C. 363 before November 29, 2000.

(5) If the prior-filed provisional application was filed in a language other than English and both an
English-language translation of the prior-filed provisional application and a statement that the
translation is accurate were not previously filed in the prior-filed provisional application, the applicant
will be notified and given a period of time within which to file, in the prior-filed provisional application,
the translation and the statement. If the notice is mailed in a pending nonprovisional application, a
timely reply to such a notice must include the filing in the nonprovisional application of either a
confirmation that the translation and statement were filed in the provisional application, or an
application data sheet (§ 1.76(b)(5)) eliminating the reference under paragraph (a)(3) of this section to
the prior-filed provisional application, or the nonprovisional application will be abandoned. The
translation and statement may be filed in the provisional application, even if the provisional application
has become abandoned.

(6) If a nonprovisional application filed on or after March 16, 2013, claims the benefit of the filing date of
a provisional application filed prior to March 16, 2013, and also contains, or contained at any time, a
claim to a claimed invention that has an effective filing date as defined in § 1.109 that is on or after
March 16, 2013, the applicant must provide a statement to that effect within the later of four months
from the actual filing date of the nonprovisional application, four months from the date of entry into the
national stage as set forth in § 1.491 in an international application, sixteen months from the filing date
of the prior-filed provisional application, or the date that a first claim to a claimed invention that has an
effective filing date on or after March 16, 2013, is presented in the nonprovisional application. An
applicant is not required to provide such a statement if the applicant reasonably believes on the basis of
information already known to the individuals designated in § 1.56(c) that the nonprovisional application
does not, and did not at any time, contain a claim to a claimed invention that has an effective filing date
on or after March 16, 2013.

(b) Delayed filing of the subsequent nonprovisional application or international application

designating the United States. If the subsequent nonprovisional application or international application
designating the United States has a filing date which is after the expiration of the twelve-month period
set forth in paragraph (a)(1)(i) of this section but within two months from the expiration of the period
set forth in paragraph (a)(1)(i) of this section, the benefit of the provisional application may be restored
under PCT Rule 26 bis.3 for an international application, or upon petition pursuant to this paragraph, if
the delay in filing the subsequent nonprovisional application or international application designating the
United States within the period set forth in paragraph (a)(1)(i) of this section was unintentional.
(1) A petition to restore the benefit of a provisional application under this paragraph filed on or after
May 13, 2015, must be filed in the subsequent application, and any petition to restore the benefit of a
provisional application under this paragraph must include:

(i) The reference required by 35 U.S.C. 119(e) to the prior-filed provisional application in an
application data sheet (§ 1.76(b)(5)) identifying it by provisional application number (consisting
of series code and serial number), unless previously submitted;

(ii) The petition fee as set forth in § 1.17(m); and

(iii) A statement that the delay in filing the subsequent nonprovisional application or
international application designating the United States within the twelve-month period set forth
in paragraph (a)(1)(i) of this section was unintentional. The Director may require additional
information where there is a question whether the delay was unintentional.

(2) The restoration of the right of priority under PCT Rule 26 bis.3 to a provisional application does not
affect the requirement to include the reference required by paragraph (a)(3) of this section to the
provisional application in a national stage application under 35 U.S.C. 371 within the time period
provided by paragraph (a)(4) of this section to avoid the benefit claim being considered waived.

(c) Delayed claims under 35 U.S.C. 119(e) for the benefit of a prior-filed provisional application. If the
reference required by 35 U.S.C. 119(e) and paragraph (a)(3) of this section is presented in an application
after the time period provided by paragraph (a)(4) of this section, the claim under 35 U.S.C. 119(e) for
the benefit of a prior-filed provisional application may be accepted if the reference identifying the prior-
filed application by provisional application number was unintentionally delayed. A petition to accept an
unintentionally delayed claim under 35 U.S.C. 119(e) for the benefit of a prior-filed provisional
application must be accompanied by:

(1) The reference required by 35 U.S.C. 119(e) and paragraph (a)(3) of this section to the prior-filed
provisional application, unless previously submitted;

(2) The petition fee as set forth in § 1.17(m); and

(3) A statement that the entire delay between the date the benefit claim was due under paragraph (a)(4)
of this section and the date the benefit claim was filed was unintentional. The Director may require
additional information where there is a question whether the delay was unintentional.

(d) Claims under 35 U.S.C. 120, 121, 365(c), or 386(c) for the benefit of a prior-filed nonprovisional
application, international application, or international design application. An applicant in a
nonprovisional application (including a nonprovisional application resulting from an international
application or international design application), an international application designating the United
States, or an international design application designating the United States may claim the benefit of one
or more prior-filed copending nonprovisional applications, international applications designating the
United States, or international design applications designating the United States under the conditions
set forth in 35 U.S.C. 120, 121, 365(c), or 386(c) and this section.

(1) Each prior-filed application must name the inventor or a joint inventor named in the later-filed
application as the inventor or a joint inventor. In addition, each prior-filed application must either be:
(i) An international application entitled to a filing date in accordance with PCT Article 11 and designating
the United States;

(ii) An international design application entitled to a filing date in accordance with § 1.1023 and
designating the United States; or

(iii) A nonprovisional application under 35 U.S.C. 111(a) that is entitled to a filing date as set forth in §
1.53(b) or (d) for which the basic filing fee set forth in § 1.16 has been paid within the pendency of the
application.

(2) Except for a continued prosecution application filed under § 1.53(d), any nonprovisional application,
international application designating the United States, or international design application designating
the United States that claims the benefit of one or more prior-filed nonprovisional applications,
international applications designating the United States, or international design applications designating
the United States must contain or be amended to contain a reference to each such prior-filed
application, identifying it by application number (consisting of the series code and serial number),
international application number and international filing date, or international registration number and
filing date under § 1.1023. If the later-filed application is a nonprovisional application, the reference
required by this paragraph must be included in an application data sheet (§ 1.76(b)(5)). The reference
also must identify the relationship of the applications, namely, whether the later-filed application is a
continuation, divisional, or continuation-in-part of the prior-filed nonprovisional application,
international application, or international design application.

(3) (i) The reference required by 35 U.S.C. 120 and paragraph (d)(2) of this section must be submitted
during the pendency of the later-filed application. (ii) If the later-filed application is an application filed
under 35 U.S.C. 111(a), this reference must also be submitted within the later of four months from the
actual filing date of the later-filed application or sixteen months from the filing date of the prior-filed
application. If the later-filed application is a nonprovisional application entering the national stage from
an international application under 35 U.S.C. 371, this reference must also be submitted within the later
of four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f) (§
1.491(a)), four months from the date of the initial submission under35 U.S.C. 371 to enter the national
stage, or sixteen months from the filing date of the prior-filed application. The time periods in this
paragraph do not apply if the later-filed application is: (A) An application for a design patent; (B) An
application filed under 35 U.S.C. 111(a) before November 29, 2000; or (C) An international application
filed under 35 U.S.C. 363 before November 29, 2000. (iii) Except as provided in paragraph (e) of this
section, failure to timely submit the reference required by 35 U.S.C. 120 and paragraph (d)(2) of this
section is considered a waiver of any benefit under 35 U.S.C. 120, 121, 365(c), or 386(c) to the prior-filed
application.

(4) The request for a continued prosecution application under § 1.53(d) is the specific reference required
by 35 U.S.C. 120 to the prior-filed application. The identification of an application by application number
under this section is the identification of every application assigned that application number necessary
for a specific reference required by 35 U.S.C. 120 to every such application assigned that application
number.
(5) Cross-references to other related applications may be made when appropriate (see § 1.14), but
cross-references to applications for which a benefit is not claimed under title 35, United States Code,
must not be included in an application data sheet (§ 1.76(b)(5)).

(6) If a nonprovisional application filed on or after March 16, 2013, other than a nonprovisional
international design application, claims the benefit of the filing date of a nonprovisional application or
an international application designating the United States filed prior to March 16, 2013, and also
contains, or contained at any time, a claim to a claimed invention that has an effective filing date as
defined in § 1.109 that is on or after March 16, 2013, the applicant must provide a statement to that
effect within the later of four months from the actual filing date of the later-filed application, four
months from the date of entry into the national stage as set forth in § 1.491 in an international
application, sixteen months from the filing date of the prior-filed application, or the date that a first
claim to a claimed invention that has an effective filing date on or after March 16, 2013, is presented in
the later-filed application. An applicant is not required to provide such a statement if either:

(i) The application claims the benefit of a nonprovisional application in which a statement under §
1.55(k), paragraph (a)(6) of this section, or this paragraph that the application contains, or contained at
any time, a claim to a claimed invention that has an effective filing date on or after March 16, 2013 has
been filed; or

(ii) The applicant reasonably believes on the basis of information already known to the individuals
designated in § 1.56(c) that the later filed application does not, and did not at any time, contain a claim
to a claimed invention that has an effective filing date on or after March 16, 2013.

(7) Where benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) to an international application or
an international design application which designates but did not originate in the United States, the
Office may require a certified copy of such application together with an English translation thereof if
filed in another language. (e) Delayed claims under 35 U.S.C. 120, 121, 365(c), or 386(c) for the benefit
of a prior-filed nonprovisional application, international application, or international design application.
If the reference required by 35 U.S.C. 120 and paragraph (d)(2) of this section is presented after the time
period provided by paragraph (d)(3) of this section, the claim under 35 U.S.C. 120, 121, 365(c), or 386(c)
for the benefit of a prior-filed copending nonprovisional application, international application
designating the United States, or international design application designating the United States may be
accepted if the reference required by paragraph (d)(2) of this section was unintentionally delayed. A
petition to accept an unintentionally delayed claim under 35 U.S.C. 120, 121 , 365(c), or 386(c) for the
benefit of a prior-filed application must be accompanied by:

(1) The reference required by 35 U.S.C. 120 and paragraph (d)(2) of this section to the prior-filed
application, unless previously submitted;

(2) The petition fee as set forth in § 1.17(m); and (3) A statement that the entire delay between the date
the benefit claim was due under paragraph (d)(3) of this section and the date the benefit claim was filed
was unintentional. The Director may require additional information where there is a question whether
the delay was unintentional.

(f) Applications containing patentably indistinct claims. Where two or more applications filed by the
same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but
one application may be required in the absence of good and sufficient reason for their retention during
pendency in more than one application.

(g) Applications or patents under reexamination naming different inventors and containing patentably
indistinct claims. If an application or a patent under reexamination and at least one other application
naming different inventors are owned by the same person and contain patentably indistinct claims, and
there is no statement of record indicating that the claimed inventions were commonly owned or subject
to an obligation of assignment to the same person on the effective filing date (as defined in § 1.109), or
on the date of the invention, as applicable, of the later claimed invention, the Office may require the
applicant or assignee to state whether the claimed inventions were commonly owned or subject to an
obligation of assignment to the same person on such date, and if not, indicate which named inventor is
the prior inventor, as applicable. Even if the claimed inventions were commonly owned, or subject to an
obligation of assignment to the same person on the effective filing date (as defined in § 1.109), or on the
date of the invention, as applicable, of the later claimed invention, the patentably indistinct claims may
be rejected under the doctrine of double patenting in view of such commonly owned or assigned
applications or patents under reexamination.

(h) Applications filed before September 16, 2012. Notwithstanding the requirement in paragraphs (a)(3)
and (d)(2) of this section that any specific reference to a prior-filed application be presented in an
application data sheet (§ 1.76), this requirement in paragraph (a)(3) and (d)(2) of this section will be
satisfied by the presentation of such specific reference in the first sentence(s) of the specification
following the title in a nonprovisional application filed under 35 U.S.C. 111(a) before September 16,
2012, or resulting from an international application filed under 35 U.S.C. 363 before September 16,
2012. The provisions of this paragraph do not apply to any specific reference submitted for a petition
under paragraph (b) of this section to restore the benefit of a provisional application.

(i) Petitions required in international applications. If a petition under paragraph (b), (c), or (e) of this
section is required in an international application that was not filed with the United States Receiving
Office and is not a nonprovisional application, then such petition may be filed in the earliest
nonprovisional application that claims benefit under 35 U.S.C. 120, 121, 365(c), or 386(c) to the
international application and will be treated as having been filed in the international application.

(j) Benefit under 35 U.S.C. 386(c). Benefit under 35 U.S.C. 386(c) with respect to an international design
application is applicable only to nonprovisional applications, international applications, and international
design applications filed on or after May 13, 2015, and patents issuing thereon.

(k) Time periods in this section. The time periods set forth in this section are not extendable, but are
subject to 35 U.S.C. 21(b) (and § 1.7(a)), PCT Rule 80.5, and Hague Agreement Rule 4(4). [36 FR 7312,
Apr. 17, 1971; 49 FR 555, Jan. 4, 1984; paras. (a), (c) & (d), 50 FR 9380, Mar. 7, 1985, effective May 8,
1985; 50 FR 11366, Mar. 21, 1985; para. (a) revised 58 FR 54504, Oct. 22, 1993, effective Jan. 3, 1994;
paras. (a)(1) and (a)(2) revised and paras. (a)(3) and (a)(4) added, 60 FR 20195, Apr. 25, 1995, effective
June 8, 1995; para. (c) revised and para. (d) deleted, 61 FR 42790, Aug. 19, 1996, effective Sept. 23,
1996; para. (a) revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997; para. (a)(3) revised, 65 FR
14865, Mar. 20, 2000, effective May 29, 2000 (adopted as final, 65 FR 50092, Aug. 16, 2000); paras. (a)
(2), (a)(4), and (c) revised, 65 FR 54604, Sept. 8, 2000, effective Sept. 8, 2000; paras. (a)(2), (a)(3), and (a)
(4) revised and paras. (a)(5) and (a)(6) added, 65 FR 57024, Sept. 20, 2000, effective Nov. 29, 2000; para.
(a) revised, 66 FR 67087, Dec. 28, 2001, effective Dec. 28, 2001; paras. (a)(3)(iii) & (a)(6)(iii) revised, 68
FR 14332, Mar. 25, 2003, effective May 1, 2003; para (a)(3) revised, 68 FR 70996, Dec. 22, 2003, effective
Jan. 21, 2004; paras. (a)(1), (a)(2)(iii), (a)(5)(iii) and (c) revised, 69 FR 56481, Sept. 21, 2004, effective
Sept. 21, 2004; para. (a)(4) revised, 70 FR 3880, Jan. 27, 2005, effective Dec. 8, 2004; para.(a)(1)(iii)
removed and para. (a)(1)(ii) revised, 70 FR 30360, May 26, 2005, effective July 1, 2005; para. (a)(5)(iv)
revised, 70 FR 56119, Sept. 26, 2005, effective Nov. 25, 2005; revised, 72 FR 46716, Aug. 21, 2007
(implementation enjoined and never became effective); revised, 74 FR 52686, Oct. 14, 2009, effective
Oct. 14, 2009 (to remove changes made by the final rules in 72 FR 46716 from the CFR); paras. (a)(1)
introductory text and (a)(4) revised, 77 FR 46615, Aug. 6, 2012, effective Sept. 16, 2012; paras. (a)(2)(iii),
(a)(5)(iii), (a)(5)(iv), and (c) revised, 77 FR 48776, Aug. 14, 2012, effective Sept. 16, 2012; revised, 78 FR
11024, Feb. 14, 2013, effective Mar. 16, 2013; revised, 78 FR 62368, Oct. 21, 2013, effective Dec. 18,
2013; revised, 80 FR 17918, Apr. 2, 2015, effective May 13, 2015]

https://www.uspto.gov/web/offices/pac/mpep/consolidated_rules.pdf

§ 1.17 Patent application and reexamination processing fees.

(m) For filing a petition for the revival of an abandoned application for a patent, for the delayed
payment of the fee for issuing each patent, for the delayed response by the patent owner in any
reexamination proceeding, for the delayed payment of the fee for maintaining a patent in force, for the
delayed submission of a priority or benefit claim, for the extension of the 12-month (six-month for
designs) period for filing a subsequent application (§§ 1.55(c) and (e), 1.78(b), (c), and (e); 1.137; 1.378;
and 1.452), or for filing a petition to excuse applicant’s failure to act within prescribed time limits in an
international design application (§ 1.1051): TABLE 16 TO PARAGRAPH (m)

By a micro entity (§ 1.29)...............$525.00

By a small entity (§ 1.27(a))..........1,050.00

By other than a small or micro entity..........................................................2,100.00

https://www.uspto.gov/web/offices/pac/mpep/consolidated_rules.pdf

GRANTABLE PETITION TO RESTORE

Requirements of a petition
Each petition has the following five (5) general requirements:
 MUST be in writing, 37 CFR 1.2:
All business with the USPTO is transacted in writing. The petition should be directed to the USPTO
official delegated the authority to decide that petition. See MPEP Chapter 1000. Since different
matters may be considered by different branches or sections of the USPTO, each distinct subject,
inquiry or request should be contained in a separate paper to avoid confusion and delay in
answering papers dealing with different subjects. 37 CFR 1.4(c).
 MUST contain a statement of facts involved, the point(s) to be reviewed and the action
requested, 37 CFR 1.181(b):
The care and completeness with which petitions are drafted can clearly influence the decision
rendered. 37 CFR 1.181(b) sets forth the general requirements for the content of a petition. The
petition must contain a statement of the facts involved, the point(s) to be reviewed and the action or
relief requested. The petition submitted should be as complete as possible and any evidence
necessary should be submitted. Any error(s) in a requirement or action on the part of the USPTO
should be clearly set forth with the reasons why such requirement or action is considered improper.
 MUST be accompanied by a fee, if required, in order to avoid the petition being summarily
dismissed, 37 CFR 1.181(d):
To avoid a petition being summarily dismissed for lack or insufficient fee, petitioner should make
certain that the correct petition fee is submitted along with the petition. See the current fee
information for guidance.
 MUST be timely filed, as required in 37 CFR 1.181(f), or as required in a specific statute or
regulation:
Generally a petition not filed within two (2) months from the action complained of may be dismissed
as untimely. Further, the mere filing of a petition will not stay the period for replying to an examiner's
action that may be running against an application or act as a stay of other proceedings.
37 CFR 1.181(f).
 MUST comply with any specific requirements as provided by statute, regulation, or USPTO
policy:
Care should be taken to review the applicable statute, regulation or USPTO policy to determine if
there are other requirements that need to be met in submitting the petition.
For the relevant patent laws and rules applicable to Requirements of a Petition, please see:
 37 CFR 1.2, Business to be transacted in writing;
 37 CFR 1.4, Nature of correspondence and signature requirements;
 37 CFR 1.181, Petition to the Director;
 MPEP § 1000, Matters decided by various U. S. Patent and Trademark Office officials; and
 MPEP § 1002.02(b), Petitions and requests decided by the Office of the Deputy Commissioner for
Patent Examination Policy.
For further assistance, please contact the Petitions Help Desk between 8:30 AM - 5 PM (EDT).
Where to file petitions, requests,
and related inquiries with the
Office of Petitions
Petitions, requests, and related inquiries, may be filed with the Office of Petitions using any of
the following delivery methods:
Electronic Submission:
 Patents electronic filing systems are accessible through the Electronic Business Center (EBC);
 Selected types of the petitions handled by the Office of Petitions can also be filed as e-Petitions.

Mailing:
 United States Postal Service (USPS) and addressed to:
Mail Stop Petitions
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
 Non-USPS delivery services and addressed to:
United States Patent and Trademark Office Customer Service Window
Mail Stop Petitions
Randolph Building
401 Dulany Street
Alexandria, VA 22314

Facsimile:
 Facsimile transmission for all petitions, requests, and related inquiries must be directed to
the USPTO Central FAX Number of 571-273-8300 unless otherwise indicated below:
o Petitions to Withdraw from Issue sent to the Central FAX Number should be marked "Special
Processing Submission;"
o ONLY Petitions to Withdraw from Issue, in particular, URGENT Petitions to Withdraw from
Issue where patent issuance is imminent, may be facsimile transmitted directly to the Office of
Petitions at 571-273-0025; or

Hand Carry:
 Submissions may be dropped off at the following address:
United States Patent and Trademark Office
Customer Service Window (located on the Ballenger Avenue side of the Randolph Building)
 401 Dulany Street
Alexandria, VA 22314
(Hours of operation are 8:30 a.m. to midnight, Eastern Standard Time, Monday through
Friday).
Further information regarding mailing, hand carry procedures, and addresses for the USPTO
can be found at:
 Manual of Patent Examining Procedure (MPEP), Section 513, Deposit as Express Mail with U.S.
Postal Service;
 Mailing and hand carry addresses for the United States Patent and Trademark Office .
For the relevant patent laws and rules applicable to Where to File Petitions, Requests, and Related
Inquiries with the Office of Petitions, please see:
 MPEP § 513, Deposit as Express Mail with U.S. Postal Service; and
 Official Gazette Notice (02 August 2005), Mailing and Hand Carry Addresses for Mail to the
United States Patent and Trademark Office.

ePetition resource page

The ePetitions resource page provides useful information and guidance regarding the submission,
automatic processing, and immediate grant of ePetitions on the USPTO patent electronic filing
system.
 Secure filing with auto-grant. Filing an ePetition automates the petition process and allows
petitioners to directly input the requisite information into a secure web interface and immediately
receive an ePetition decision.
 Saves time when immediate petition decisions are important. Time savings using ePetitions is
especially advantageous for critical petitions where an automatic petition grant would reduce
delays in restoration of patent rights, expedite withdrawal from representation and redirect office
correspondence to the new correspondence address, and initiate the revival of an abandoned
application to reduce patent term adjustment time.
 Increased accuracy by providing immediate feedback to petitioners on the necessary filing
requirements.
 Current statistics regarding the pendency and grant rate comparisons between filing an
ePetition and non-ePetition are available on the Patents Dashboard.
For questions regarding Patent e-Filing, or to suggest improvements to the online system, please
send an email to ebc@uspto.gov or call the Patent Electronic Business Center at 1-866-217-9197
(toll free) or 571-272-4100 from 6 a.m. to 12 midnight Eastern Time, Monday-Friday.
Web-based ePetitions
The following types of petitions have ePetition filing options:
 Petition to Make Special Based on Age (37 CFR 1.102)
 Request for Withdrawal as Attorney or Agent of Record (37 CFR 1.36)
 Petitions to Withdraw from Issue after Payment of the Issue Fee
o Petition to Withdraw from Issue after Payment of the Issue Fee (37 CFR 1.313 (c)(1) or
(2))
o Petition to Withdraw from Issue after Payment of the Issue Fee (37 CFR 1.313 (c)(3))
o Petition to Withdraw from Issue after Payment of the Issue Fee (37 CFR 1.313 (c)(1) or
(2) with Assigned Patent Number)
o Petition to Withdraw from Issue after Payment of the Issue Fee (37 CFR 1.313 (c)(3) with
Assigned Patent Number)
 Petitions for Revival
o Petition to Accept Late Payment of Issue Fee - Unintentional Late Payment (37 CFR
1.137 (a))
o Petition for Revival of an Application based on Failure to Notify the Office of a Foreign
or International Filing (37 CFR 1.137 (f))
o Petition for Revival of an Application for Continuity Purposes Only (37 CFR 1.137 (a))
o Petition for Revival of an Abandoned Patent Application Abandoned
Unintentionally (37 CFR 1.137 (a))(For Cases Abandoned After 1st Action and Prior to
Notice of Allowance)
 Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81 (b))
 Petition to Accept Unintentional Delayed Payment of the Maintenance Fee (37 CFR 1.378
(b))
The Quick Path Information Disclosure Statement (QPIDS) is available through the ePetition to
Withdraw from Issue after Payment of Issue Fee. For more information, please visit the Quick Path
Information Disclosure Statement (QPIDS) page.

ePetition Filing Requirements:

Petition for Revival of an
Abandoned Patent Application
Abandoned Unintentionally (37
CFR 1.137 (a)) (For Cases
Abandoned After 1st Action and
Prior to Notice of Allowance)

Below are the general filing requirements for an ePetition requesting to revive an application
abandoned unintentionally after a first Office action but prior to a notice of allowance, pursuant to
37 CFR 1.137(a):
 Only registered users of the USPTO patent electronic filing system may file this petition as an
ePetition.
 The user must enter a valid U.S. application number.
 The application number entered cannot be for a provisional application, a design application, a
plant application, re-issue application, or a reexamination proceeding.
 The application number entered must not be for an issued patent.
 A Notice of Abandonment must have been mailed by the Office.
 The abandonment date must be less than 2 years prior to the filing date of the petition.
 After-final rejection amendments may not be filed.
 The ePetition cannot be filed if the application is after a Notice of Allowance.
 If the filer has power of attorney, a valid Registration Number must be entered.
 The filer must indicate the current entity status.
NOTE: A successful ePetition submission will result in an Electronic Acknowledgement Receipt and
Grant Letter being generated. Petitioners should verify that the information on the Electronic
Acknowledgement Receipt and Grant Letter is complete and accurate as proof that the ePetition
submission was successful.
Additional information on petitions to revive based on unintentional delay under 37 CFR 1.137 is
available on the Office of Petitions web page.

FORMS: https://www.uspto.gov/patents/apply/forms