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Notes:
Note ß 137 (a) is the unavoidable paragraph, and ß 137(b) is the unintentional paragraph, each with its four requirements for revival of an abandoned application or lapsed patent (for failure to pay all or part of the issue fee.)
Amended to incorporate the provisions of 37 C.F.R. 1.137, 1.139 (provisional applications), 1.155(issue fee- design applications), 1.316(issue fee), and 1.317(balance of issue fee) into a single section.
Provisions concerning delayed maintenance fee payments are not affected by the Rule change.
Delaying the revival of an abandoned application until the industry or a competitor shows an interest in the invention is the antithesis of an "unavoidable" or "unintentional" delay.
