What statutory authority allows for the revival of reexamination proceedings?
The statutory authority for reviving reexamination proceedings is provided by 35 U.S.C. 27, which was added by the Patent Law Treaties Implementation Act of 2012 (PLTIA). The MPEP quotes the statute as follows: “The Director may establish procedures, including the requirement for payment of the fee specified in section 41(a)(7), to revive an unintentionally abandoned…
Read MoreWhat 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…
Read MoreIs 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’…
Read MoreWhat is the time limit for requesting reconsideration of a decision on a petition to revive a reexamination proceeding?
The time limit for requesting reconsideration of a decision on a petition to revive a reexamination proceeding is two months from the mail date of the decision. The MPEP states: “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…
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