Petition To Restore The Benefit Of A Provisional Application (37 CFR 1.78(b)) {PTO-SB-459}

PTO/SB/459 - PETITION TO RESTORE THE BENEFIT OF A PROVISIONAL APPLICATION (37 CFR 1.78(b)) OR TO RESTORE THE PRIORITY TO A FOREIGN APPLICATION (37 CFR 1.55(c)). This form is for use in restoring the right to claim benefit to a prior provisional application or in restoring the right of priority to a prior foreign application only. It requires providing a reference or priority claim, a statement that the delay was unintentional, and payment of the petition fee. NOTE: For a petition under 37 CFR 1.78(b), the subsequent application must have been filed within two months from the expiration of the twelve-month period set forth in 37 CFR 1.78(a)(1)(i). For a petition under 37 CFR 1.55(c), the subsequent application must have been filed within two months from the expiration of the twelve-month period (six-month period in the case of a design application) set forth in 37 CFR 1.55(b)(1). NOTE: A grantable petition requires the following items: (1) the reference required by 35 U.S.C. 119(e) to the prior-filed provisional application in an application data sheet (ADS) or the priority claim under 35 U.S.C. 119(a) through (d) or (f), 365(a) or (b), or 386(a) or (b) in an ADS identifying the foreign application to which priority is claimed by the application number, country (or intellectual property authority), and the filing date, unless previously submitted; (2) the petition fee set forth in 37 CFR 1.17(m); and (3) a statement that the delay in filing the subsequent application within the period set forth in 37 CFR 1.78(a)(1)(i) or 37 CFR 1.55(b)(1) was unintentional. The Director may require additional information where there is a question whether the delay was unintentional www.FormsWorkflow.com