Can a patent owner request reconsideration of a decision denying a petition to revive a reexamination?

Yes, a patent owner can request reconsideration of a decision denying a petition to revive a reexamination. The MPEP provides specific guidelines for this process:

“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 one (1) month from the mail date of the decision for which reconsideration is requested.”

Key points to remember:

• The request should be titled “Renewed Petition under 37 CFR 1.137”
• An extension of time may be requested only under 37 CFR 1.956
• Extensions of time under 37 CFR 1.136 are not available in reexamination proceedings

It’s important to note that the time frame for filing a request for reconsideration is limited, so prompt action is necessary if a patent owner wishes to pursue this option.

To learn more:

• reconsideration request
• petition denial
• reexamination revival
• 37 CFR 1.137