1714.01(e) Signed Statement that Delay Was Unintentional
Under 37 C.F.R. §§2.66(b)(2), 2.66(c)(2), and 2.193(e)(4), a petition to revive must include a statement, signed by someone with firsthand knowledge of the facts, that the delay in responding to the Office action or notice of allowance was unintentional. Generally, it is not necessary to explain the circumstances that caused the unintentional delay and the statement does not have to be verified.
However, if the applicant is alleging that non-receipt of an Office action or notice of allowance caused the unintentional delay, this should be stated; no further explanation is necessary. Note, however, that an applicant may not assert again non-receipt of the same Office action, notification, or notice of abandonment in a subsequent petition.
The USPTO will generally not question the applicant’s assertion that the delay in responding to an Office action or notice of allowance was unintentional unless there is information in the record indicating that the delay was in fact intentional. An example of an intentional delay is when an applicant intentionally decides not to file a response or intent-to-use document because it no longer wishes to pursue registration of the mark, but later changes its mind and decides that it does wish to pursue registration.
The person signing the statement must have firsthand knowledge of the facts, but it is not necessary to specifically state in the petition that the signatory has firsthand knowledge. Generally, the USPTO will not question the signatory’s authority to sign the statement. However, any response to an Office action accompanying the petition (see TMEP §1714.01(a)(i)-(ii)) must be signed by a qualified practitioner, or by the individual applicant or someone with legal authority to bind a juristic applicant (e.g., a corporate officer or general partner of a partnership) if the applicant is not represented by a qualified practitioner. 37 C.F.R. §§2.62(b), 2.193(e)(2), and 11.18(a). See TMEP §§611.03(b) and 712–712.03 regarding signature of responses to Office actions, TMEP §602 regarding persons authorized to represent a party before the USPTO, and TMEP §§611.06–611.06(h) for guidelines on persons with legal authority to bind various types of legal entities.