What is the time limit for requesting reconsideration of a decision on a petition to revive a reexamination proceeding?

The time limit for requesting reconsideration of a decision on a petition to revive a reexamination proceeding is two months from the mail date of the decision. The MPEP states:

Reconsideration may be requested of a decision dismissing or denying a petition under 37 CFR 1.137 to revive a terminated reexamination prosecution. The request for reconsideration must be submitted within two months from the mail date of the decision for which reconsideration is requested.”

It’s important to note that extensions of time are limited in reexamination proceedings. The MPEP further clarifies: “An extension of time may be requested only under 37 CFR 1.550(c); extensions of time under 37 CFR 1.136 are not available in reexamination proceedings.”

To learn more:

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2268 - Petition For Entry Of Late Papers For Revival Of Reexamination Proceeding, Patent Law, Patent Procedure
Tags: Petition To Revive, Reconsideration, reexamination proceedings, Time Limits