What is the process for reviving a terminated ex parte reexamination proceeding?
To revive a terminated ex parte reexamination proceeding, the patent owner must file a petition under 37 CFR 1.137. The petition must include:
- The required reply to the outstanding Office action or notice (if not previously filed)
- The petition fee as set forth in 37 CFR 1.17(m)
- A statement that the entire delay was unintentional
The MPEP states: “37 CFR 1.137(a), as amended in the final rule to implement the PLTIA, provides that if the delay in reply by patent owner was unintentional, a petition may be filed pursuant to 37 CFR 1.137 to revive a reexamination prosecution terminated under 37 CFR 1.550(d).”
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