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

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.