MPEP § 2913 — MPEP § 2913
Current through: 2022-07-01

2913-Relief from Prescribed Time Limits 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Chapter 2900 

 Section 2913 
 

 
 
 
 
 
 2913 Relief from Prescribed Time Limits [R-07.2015]

 
 35 U.S.C. 387 
 Relief from prescribed time limits. 

 An applicant’s failure to act within prescribed time
 limits in connection with requirements pertaining to an international design application
 may be excused as to the United States upon a showing satisfactory to the Director of
 unintentional delay and under such conditions, including a requirement for payment of
 the fee specified in section 41(a)(7) , as may be prescribed by the Director. 
 

 

 
 37 CFR 1.1051 Relief from prescribed time limits. 

 
 (a) If the delay in an applicant's failure to act
 within prescribed time limits under the Hague Agreement in connection with
 requirements pertaining to an international design application was unintentional,
 a petition may be filed pursuant to this section to excuse the failure to act as
 to the United States. A grantable petition pursuant to this section must be
 accompanied by:
 
 (1) A copy of any invitation sent from the
 International Bureau setting a prescribed time limit for which applicant
 failed to timely act;
 

 (2) The reply required under paragraph (c) of
 this section, unless previously filed;
 

 (3) The fee as set forth in § 1.17(m) ; 
 

 (4) A certified copy of the originally filed
 international design application, unless a copy of the international design
 application was previously communicated to the Office from the International
 Bureau or the international design application was filed with the Office as
 an office of indirect filing, and a translation thereof into the English
 language if it was filed in another language; 
 

 (5) 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 paragraph was unintentional. The
 Director may require additional information where there is a question
 whether the delay was unintentional; and
 

 (6) A terminal disclaimer (and fee as set forth
 in § 1.20(d) ) required pursuant to paragraph (d) of this
 section. 
 

 
 

 (b) Any request for reconsideration or review of a
 decision refusing to excuse the applicant’s failure to act within prescribed time
 limits in connection with requirements pertaining to an international design
 application upon petition filed pursuant to this section, to be considered timely,
 must be filed within two months of the decision refusing to excuse or within such
 time as set in the decision. Unless a decision indicates otherwise, this time
 period may be extended under the provisions of § 1.136 .
 

 (c) Reply. The reply required may be:
 
 (1) The filing of a continuing application. If
 the international design application has not been subject to international
 registration, the reply must also include a grantable petition under §
 1.1023(b) to accord the
 international design application a filing date; or 
 

 (2) A grantable petition under § 1.1052 , where the international design application
 was filed with the Office as an office of indirect filing.
 

 
 

 (d) Terminal disclaimer. Any petition pursuant to this section 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 beginning on the due date
 for the reply for which applicant failed to timely act and ending on the date of
 filing of the reply required under paragraph (c) of this section and must also
 apply to any patent granted on a continuing design application that contains a
 specific reference under 35 U.S.C. 120 ,
 121 , 365(c) , or 386(c) to the application for which relief under this
 section is sought.
 

 
 

 Pursuant to 35 U.S.C. 387 , 37 CFR
 1.1051 sets forth a petition procedure to excuse, with respect to the
 United States, an applicant’s failure to act within prescribed time limits under the Hague
 Agreement in connection with requirements pertaining to an international design application
 where the delay in applicant’s failure to act was unintentional. The petition must be
 accompanied by: (1) a copy of any invitation sent from the International Bureau setting a
 prescribed time limit for which applicant failed to timely act; (2) the reply required
 under 37 CFR
 1.1051(c) , unless previously filed; (3) the fee as set forth in
 37 CFR
 1.17(m) ; (4) a certified copy of the originally filed international
 design application, unless a copy of the international design application was previously
 communicated to the Office from the International Bureau or the international design
 application was filed with the USPTO as an office of indirect filing; (5) 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 paragraph was unintentional; and (6) a
 terminal disclaimer (and fee as set forth in 37 CFR 1.20(d) ) required pursuant to
 37 CFR
 1.1051(d) . The Director may require additional information where
 there is a question whether the delay was unintentional.
 

 Pursuant to 37 CFR 1.1051(c) , the “reply” required
 for a grantable petition under 37 CFR 1.1051(a) may be: (1) the filing
 of a continuing application and, if the international design application has not been
 subject to international registration, a grantable petition under 37 CFR
 1.1023(b) to accord the international design application a filing
 date; or (2) a grantable petition under 37 CFR 1.1052 , where the international
 design application was filed with the Office as an office of indirect filing. See
 MPEP §
 2914 .
 

 Pursuant to 37 CFR 1.1051(d) , any petition under
 37 CFR
 1.1051(a) must be accompanied by a terminal disclaimer and fee as set
 forth in 37 CFR
 1.321 dedicating to the public a terminal part of the term of any
 patent granted thereon equivalent to the period beginning on the due date for the reply for
 which applicant failed to timely act and ending on the date of filing of the reply required
 and must also apply to any patent granted on a continuing design application that contains
 a specific reference under 35 U.S.C. 120 , 121 ,
 365(c) , or 386(c) to the application for which
 relief under 37
 CFR 1.1051 is sought. 
 

 Where a petition under 37 CFR
 1.1051(a) is refused by the Office, any request for reconsideration
 or review of the decision must be filed within two months of the decision or within such
 time as set in the decision. Unless the decision indicates otherwise, the two-month time
 period may be extended under the provisions of 37 CFR 1.136 . See 37 CFR
 1.1051(b) . 
 

 [top] 

 

 

 
 

 
 

 

 

 

 
 
 
 2901-Basic Hague Agreement Principles 

 2902-Definitions 

 2903-Declarations under the Hague Agreement Made by the United States of America 

 2904-Who May File An International Design Application 

 2905-Where to File An International Design Application 
 2905.01-Filing Through the USPTO as an Office of Indirect Filing 

 
 

 2906-Filing Date Requirements 

 2907-International Registration and Date of the International Registration 

 2908-Filing Date in the United States 

 2909-Contents of the International Design Application 
 2909.01-Official Form for the Application for International Registration 

 2909.02-Reproductions (Drawings) 
 2909.02(a)-Reproductions Submitted Through the USPTO Patent Electronic Filing System 

 
 

 2909.03-Annexes 

 
 

 2910-International Design Application Fees 

 2911-Representation 

 2912-Correspondence in Respect of International Design Applications Filed With the USPTO as an Office of Indirect Filing 

 2913-Relief from Prescribed Time Limits 

 2914-Conversion of an International Design Application to a Design Application Under 35 U.S.C. Chapter 16 

 2915-2919-[Reserved] 

 2920-National Processing of International Design Applications Designating the United States 
 2920.01-Inventorship 

 2920.02-Applicant 

 2920.03-Correspondence Address 

 2920.04-Elements of a Nonprovisional International Design Application 
 2920.04(a)-Specification 

 2920.04(b)-Reproductions (Drawing Figures) 

 2920.04(c)-Inventor’s Oath or Declaration 

 
 

 2920.05-Examination 
 2920.05(a) -Notification of Refusal 

 2920.05(b)-One Independent and Distinct Design 

 2920.05(c) -Considerations Under 35 U.S.C. 112 

 2920.05(d)-Foreign Priority 

 2920.05(e)-Benefit Claims Under 35 U.S.C. 386(c) 

 2920.05(f)-Information Disclosure Statement in an International Design Application Designating the United States 

 
 

 2920.06-Allowance 

 
 

 2921-2929-[Reserved] 

 2930-Corrections and Other Changes in the International Register 

 2931-2939-[Reserved] 

 2940-Statement of Grant of Protection 

 2941-2949-[Reserved] 

 2950-Grant of Protection Only Upon Issuance of Patent; Term of Design Patent 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:50:51