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…
Read MoreCan 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…
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