31Mar 2020

In the Federal Register Notice of March 2, 2020 (linked here), the United States Patent and Trademark Office (USPTO) published a guidance such that, effective immediately, it will be necessary to provide evidence that delays were unintentional for the following petitions:

  • petitions to revive an abandoned application, 
  • petitions to accept a delayed maintenance fee payment, or
  • petitions to accept a delayed priority or benefit claim filed more than two years after the date of abandonment. 

Up until now, in these particular situations, the USPTO has simply allowed the attorney or party to sign a statement declaring that the entire delay was unintentional — relying upon the duty of candor and good faith to ensure that the claim was accurate. However, that structural trust appears not to be sufficient anymore.

Please contact me at silvia@salvadorilaw.com with questions or comments.

Silvia Salvadori, PhD

Silvia Salvadori, PhD