這裡再講清楚一點，並列舉案例。
"37 CFR 1.137"規範拋棄專利、終止與限制再審程序的復權規定。
https://www.uspto.gov/web/offices/pac/mpep/s711.html
(a)針對拋棄案、終止再審案的「非故意延遲」回應的復權。
(b)復權請願的要求：復權請願應伴隨：(1)OA答辯書（除非之前已經提出）；(2)請願費用；(3)終權聲明；(4)"非故意"延遲回覆的聲明（審理人員可能會要求額外資訊）。
(c)回覆。所謂回覆（reply）包括專利說明書、圖式、費用（領證費、公開費...等）。
(d)終權聲明，包括拋棄失權期間的權利、拋棄與其他專利家族的前後案延長的權利。
(e)「再考量」請求（request for reconsideration），也就是對於被拒絕復權的案子所提出的請求，以恢復已經被拋棄的申請案、再審案等。應於收到拒絕通知（decision refusing to revive）後兩個月內提出。
(f)針對未通知國外申請案而拋棄的案件（Abandonment for failure to notify the Office of a foreign filing）。
(g)臨時申請案（Provisional applications），如果沒有及時回應官方要求的臨時申請案，也會被拋棄，但也可復權。
補充：35 U.S.C. 122(b)(2)(B)(iii)
https://www.uspto.gov/web/offices/pac/mpep/mpep-9015-appx-l.html#d0e303054
"(iii) An applicant who has made a request under clause (i) but who subsequently files, in a foreign country or under a multilateral international agreement specified in clause (i), an application directed to the invention disclosed in the application filed in the Patent and Trademark Office, shall notify the Director of such filing not later than 45 days after the date of the filing of such foreign or international application. A failure of the applicant to provide such notice within the prescribed period shall result in the application being regarded as abandoned."
針對應保密案，根據「外國」或「多邊國際協議」提交的申請案（發明已揭露在國外案），申請人應於國外申請案申請日後45天內通知USPTO，如果沒有依照規定通知，可能導致拋棄。
「18個月早期公開案」的例外：
(2) EXCEPTIONS.—
- (A) An application shall not be published if that application is—
- (i) no longer pending;
- (ii) subject to a secrecy order under section 181 ;
- (iii) a provisional application filed under section 111(b) ; or
- (iv) an application for a design patent filed under chapter 16 .
案例：
復權請願：
本案例失權的理由是未及時回覆non-final office action，並收到官方發出的拋棄通知（notice of abandonment），經復權請願（petition）後，USPTO同意復權。
復權請願的理由如下，伴隨復權請願，申請人提出修正、終權聲明（terminal disclaimer）、請願費用與"非故意延遲"聲明，符合Rule 1.137(b)規定。
用Terminal Disclaimer拋棄失權時空窗期的權利。
資料來源：https://www.uspto.gov/web/offices/pac/mpep/s711.html
參考資料：https://www.upcounsel.com/petition-to-revive-abandoned-patent-application
37 CFR 1.137 Revival of abandoned application, or terminated or limited reexamination prosecution.
- (a) Revival on the basis of unintentional delay. If the delay in reply by applicant or patent owner was unintentional, a petition may be filed pursuant to this section to revive an abandoned application or a reexamination prosecution terminated under § 1.550(d) or § 1.957(b) or limited under § 1.957(c).
- (b) Petition requirements. A grantable petition pursuant to this section must be accompanied by:
- (1) The reply required to the outstanding Office action or notice, unless previously filed;
- (2) The petition fee as set forth in § 1.17(m);
- (3) Any terminal disclaimer (and fee as set forth in § 1.20(d)) required pursuant to paragraph (d) of this section; and
- (4) A statement that the entire delay in filing the required reply from the due date for the reply until the filing of a grantable petition pursuant to this section was unintentional. The Director may require additional information where there is a question whether the delay was unintentional.
- (c) Reply. In an application abandoned under § 1.57(a), the reply must include a copy of the specification and any drawings of the previously filed application. In an application or patent abandoned for failure to pay the issue fee or any portion thereof, the required reply must include payment of the issue fee or any outstanding balance. In an application abandoned for failure to pay the publication fee, the required reply must include payment of the publication fee. In a nonprovisional application abandoned for failure to prosecute, the required reply may be met by the filing of a continuing application. In a nonprovisional utility or plant application filed on or after June 8, 1995, abandoned after the close of prosecution as defined in § 1.114(b), the required reply may also be met by the filing of a request for continued examination in compliance with § 1.114.
- (d) Terminal disclaimer.
- (1) Any petition to revive pursuant to this section in a design application must be accompanied by a terminal disclaimer and fee as set forth in § 1.321 dedicating to the public a terminal part of the term of any patent granted thereon equivalent to the period of abandonment of the application. Any petition to revive pursuant to this section in either a utility or plant application filed before June 8, 1995, must be accompanied by a terminal disclaimer and fee as set forth in § 1.321dedicating to the public a terminal part of the term of any patent granted thereon equivalent to the lesser of:
- (i) The period of abandonment of the application; or
- (ii) The period extending beyond twenty years from the date on which the application for the patent was filed in the United States or, if the application contains a specific reference to an earlier filed application(s) under 35 U.S.C. 120, 121, 365(c), or 386(c) from the date on which the earliest such application was filed.
- (2) Any terminal disclaimer pursuant to paragraph (d)(1) of this section must also apply to any patent granted on a continuing utility or plant application filed before June 8, 1995, or a continuing design application, that contains a specific reference under 35 U.S.C. 120, 121, 365(c), or386(c) to the application for which revival is sought.
- (3) The provisions of paragraph (d)(1) of this section do not apply to applications for which revival is sought solely for purposes of copendency with a utility or plant application filed on or after June 8, 1995, to reissue applications, or to reexamination proceedings.
- (1) Any petition to revive pursuant to this section in a design application must be accompanied by a terminal disclaimer and fee as set forth in § 1.321 dedicating to the public a terminal part of the term of any patent granted thereon equivalent to the period of abandonment of the application. Any petition to revive pursuant to this section in either a utility or plant application filed before June 8, 1995, must be accompanied by a terminal disclaimer and fee as set forth in § 1.321dedicating to the public a terminal part of the term of any patent granted thereon equivalent to the lesser of:
- (e) Request for reconsideration. Any request for reconsideration or review of a decision refusing to revive an abandoned application, or a terminated or limited reexamination prosecution, upon petition filed pursuant to this section, to be considered timely, must be filed within two months of the decision refusing to revive or within such time as set in the decision. Unless a decision indicates otherwise, this time period may be extended under:
- (1) The provisions of § 1.136 for an abandoned application;
- (2) The provisions of § 1.550(c) for a terminated ex parte reexamination prosecution, where the ex parte reexamination was filed under § 1.510; or
- (3) The provisions of § 1.956 for a terminated inter partes reexamination prosecution or an inter partes reexamination limited as to further prosecution, where the inter partes reexamination was filed under § 1.913.
- (f) Abandonment for failure to notify the Office of a foreign filing. A nonprovisional application abandoned pursuant to 35 U.S.C. 122(b)(2)(B)(iii) for failure to timely notify the Office of the filing of an application in a foreign country or under a multinational treaty that requires publication of applications eighteen months after filing, may be revived pursuant to this section. The reply requirement of paragraph (c) of this section is met by the notification of such filing in a foreign country or under a multinational treaty, but the filing of a petition under this section will not operate to stay any period for reply that may be running against the application.
- (g) Provisional applications. A provisional application, abandoned for failure to timely respond to an Office requirement, may be revived pursuant to this section. Subject to the provisions of 35 U.S.C. 119(e)(3) and § 1.7(b), a provisional application will not be regarded as pending after twelve months from its filing date under any circumstances.
Ron
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您好 想請問一下提復權的期限是多久呢 謝謝
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