TMEP 1714.01(a)(i): Response to Nonfinal Office Action

This is the October 2015 Edition of the TMEP

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1714.01(a)(i)    Response to Nonfinal Office Action

The procedural requirements for filing a petition to revive an application abandoned for failure to respond to an examining attorney’s nonfinal Office action are listed in 37 C.F.R. §2.66(b). The petition must include all of the following:

  • (1) The petition fee required by 37 C.F.R. §2.6;
  • (2) A statement, signed by someone with firsthand knowledge of the facts, that the delay in filing the response on or before the due date was unintentional. The statement does not have to be verified; and
  • (3) Unless the applicant alleges that it did not receive the Office action, the applicant’s proposed response to the Office action.

If the petition states that applicant did not receive the Office action, and the petition is granted, the USPTO will issue a new Office action and provide the applicant with a new response period, or, if all issues previously raised remain the same, after reviving the application, the USPTO will send a notice to the applicant directing the applicant to view the previously issued Office action on the TSDR portal on the USPTO website at http://tsdr.uspto.gov/, and provide the applicant with a new six-month period in which to file a response.

See TMEP §1714.01 regarding situations in which a petition to revive fails to meet the procedural requirements of 37 C.F.R. §2.66(b) (e.g., when there is no allegation that the applicant did not receive the Office action, but the petition does not include a proposed response).