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 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 MoreWhat happens if a patent application is unintentionally abandoned?
What happens if a patent application is unintentionally abandoned? If a patent application is unintentionally abandoned, the applicant may have options to revive it. According to MPEP 711.04(a): ‘An application may be revived under 37 CFR 1.137 based on unintentional delay … The question of whether or not an application is abandoned must be determined…
Read MoreCan an abandoned application be revived?
Yes, an abandoned application can potentially be revived. The MPEP 711.03(b) states: An abandoned application may be revived as a pending application if it is shown to the satisfaction of the Director that the delay was unavoidable (37 CFR 1.137(a)) or unintentional (37 CFR 1.137(b)). To revive an application, the applicant must file a petition…
Read MoreWhat happens if the basic national fee is not paid on time for US national stage entry?
What happens if the basic national fee is not paid on time for US national stage entry? If the basic national fee is not paid on time for US national stage entry, the application will be considered abandoned. However, the MPEP provides guidance on potential remedies: If the basic national fee is not paid on…
Read More