TMEP 1714.01(b)(i): Applicant Must File Statement of Use or Further Extension Requests During Pendency of a Petition

This is the October 2015 Edition of the TMEP

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1714.01(b)(i)    Applicant Must File Statement of Use or Further Extension Requests During Pendency of a Petition

Filing a petition to revive does not stay the time for filing a statement of use or further request(s) for extension of time to file a statement of use. When a petition is granted, the term of the six-month extension that was the subject of the petition runs from the date of the expiration of the previously existing deadline for filing a statement of use. 37 C.F.R. §2.89(g). Thus, a petitioner must either file a statement of use or file additional extension requests as they become due during the pendency of a petition.

If the applicant fails to file a statement of use or further request(s) for extension of time to file the statement of use while the petition is pending, the USPTO will give the applicant an opportunity to perfect the petition by paying the fees for each missed extension request and filing a copy of the last extension request, or statement of use, that should have been filed. In re Moisture Jamzz, Inc., 47 USPQ2d 1762, 1764 (Comm’r Pats. 1997).

Please note that an applicant may file a petition to revive and an extension request through TEAS. However, if the applicant files a statement of use with the petition to revive form in TEAS, the TEAS form will require submission of the fee(s) for the missing extension request(s). See TMEP §§1108–1108.05 regarding extension requests, and TMEP §§1109–1109.18 regarding statements of use.