What is the process for reviving a terminated inter partes reexamination proceeding?

To revive a terminated inter partes reexamination proceeding, the patent owner must file a petition under 37 CFR 1.137. The petition must demonstrate that the delay in response was unintentional. According to the MPEP:

“If the patent owner in an inter partes reexamination proceeding fails to file a timely and appropriate response to any Office action and no claims are allowable, then pursuant to 37 CFR 1.957(b), the prosecution of the reexamination proceeding is terminated, and a certificate under 37 CFR 1.997 is issued canceling all claims of the patent that were under reexamination.”

To revive the proceeding, the petition must include:

• The required reply to the outstanding Office action
• The petition fee as set forth in 37 CFR 1.17(m)
• A statement that the entire delay was unintentional

The Director may require additional information if there’s a question about whether the delay was unintentional.

To learn more:

• inter partes reexamination
• petition for revival
• unintentional delay
• 37 CFR 1.137