Is it possible to revive a reexamination proceeding based on unavoidable delay?
No, it is no longer possible to revive a reexamination proceeding based on unavoidable delay. The MPEP clearly states:
“37 CFR 1.137 was revised to implement the changes in the Patent Law Treaties Implementation Act of 2012 (PLTIA) to eliminate revival of an abandoned application and reexamination prosecution terminated under § 1.550(d) under the ‘unavoidable’ standard, and to provide for the revival of abandoned applications and the acceptance of delayed responses in reexamination by patent owners on the basis of unintentional delay.”
This change was effective on December 18, 2013, and applies to all reexamination proceedings, regardless of their filing date. The only basis for revival is now unintentional delay.
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