TMEP 1714.01(c): Notice of Allowance Not Received

This is the October 2015 Edition of the TMEP

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1714.01(c)    Notice of Allowance Not Received

To expedite processing, the USPTO recommends that all petitions to revive be filed through TEAS, at http://www.uspto.gov.

The procedural requirements for filing a petition to revive an application abandoned for failure to respond to a notice of allowance are listed in 37 C.F.R. §2.66(c). If the applicant did not receive the notice of allowance, the petition must include the following:

  • (1) The petition fee required by 37 C.F.R. §2.6; and
  • (2) A statement, signed by someone with firsthand knowledge of the facts, that the applicant did not receive the notice of allowance, and that the delay in filing the statement of use (or request for extension of time to file a statement of use) on or before the due date was unintentional. The statement does not have to be verified.

If the applicant did not receive the notice of allowance, it is not necessary to file a statement of use or request for an extension of time to file a statement of use, or the fees for the number of extension requests that would have been due if the application had never been abandoned. 37 C.F.R. §§2.66(c)(3) and (4). If the petition is granted, the USPTO will cancel the original notice of allowance and issue a new notice, giving the applicant a new six-month period in which to file a statement of use or extension request. However, if the petitioner files an extension request with a petition that alleges nonreceipt of the notice of allowance, the USPTO will presume that the applicant wants to maintain the issue date of the original notice of allowance and will process the extension request.

Similarly, if the petitioner files a statement of use and the required fees for any missing extension requests with a petition that alleges nonreceipt of the notice of allowance, the USPTO will presume that the applicant intends to maintain the issue date of the original notice of allowance and will process the statement of use.

If the petitioner files a statement of use with a petition that alleges nonreceipt of the notice of allowance but does not include the required fees for any missing extension requests, the USPTO will give the petitioner the option of: (1) having the notice of allowance cancelled and reissued, the statement of use not processed, and the filing fee for the statement of use refunded; or (2) paying the additional filing fees for the extension requests that would have been due if the application had never been abandoned, so that the statement of use can be processed. If the applicant files the statement of use with the petition to revive form in TEAS, the TEAS form will require submission of the fees for the missing extension requests.