What 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…
Read MoreWhat happens if a patent owner fails to respond in an ex parte reexamination?
If a patent owner fails to respond to an Office action or interview statement in an ex parte reexamination, there are serious consequences. According to 37 CFR 1.550(d): “If the patent owner fails to file a timely and appropriate response to any Office action or any written statement of an interview required under § 1.560(b),…
Read MoreHow does abandonment of an application affect patent term adjustment?
Abandonment of an application can significantly impact patent term adjustment. According to 37 CFR 1.704(c)(3): “Abandonment of the application or late payment of the issue fee as a circumstance that constitutes a failure of an applicant to engage in reasonable efforts to conclude processing or examination of an application.” For applications where a notice of…
Read MoreWhat happens if an amendment is filed after the expiration of the statutory period?
If an amendment is filed after the expiration of the statutory period and is not considered timely under 35 U.S.C. 21 and 37 CFR 1.7, the following occurs: The application is considered abandoned The remedy is to petition to revive the application The examiner notifies the applicant or their representative of the abandonment using Notice…
Read MoreCan an abandoned patent application be revived after failing to respond within the statutory period?
Yes, an abandoned patent application can potentially be revived even after failing to respond within the statutory period. The MPEP 711.02 provides guidance on this: “An abandoned application may be revived as a pending application if the delay in prosecution was unintentional.” To revive an abandoned application, the applicant must: File a petition to revive…
Read MoreHow can I revive a patent application abandoned due to failure to file a Notice of Foreign Filing?
If your patent application has been abandoned due to failure to file a timely Notice of Foreign Filing, you can revive it by filing a petition under 37 CFR 1.137. According to MPEP 1124, this is the sole remedy available to restore the application to pending status. The petition must include: The required reply (in…
Read MoreHow can an applicant revive an abandoned international application in the national stage?
If an international application becomes abandoned in the national stage, an applicant can file a petition to revive it. The process for revival is as follows: File a petition in accordance with 37 CFR 1.137 Use Form PTO/SB/64PCT for convenience (available online at www.uspto.gov/patent/patents-forms) As stated in MPEP 1893.02: “Applicant may file a petition to…
Read MoreWhat happens if I miss the deadline for filing an appeal brief in a patent application?
If you miss the deadline for filing an appeal brief in a patent application, your appeal may be dismissed. According to MPEP 1205.01: “Failure to file the brief within the permissible time will result in dismissal of the appeal.” However, you may be able to file a petition to revive the application if the delay…
Read MoreHow can an applicant revive an abandoned application due to failure to reply?
To revive an abandoned application due to failure to reply, an applicant must file a petition to revive under 37 CFR 1.137. The petition must include: The required reply (which must have been filed) A statement that the entire delay in filing the required reply was unintentional Any terminal disclaimer required pursuant to 37 CFR…
Read MoreWhat happens if an appeal brief is filed late in a patent application?
If an appeal brief is filed late in a patent application, the following may occur: The appeal may be dismissed by the Patent Trial and Appeal Board (PTAB). The applicant may need to file a petition to revive if the application is abandoned. A petition for an extension of time may be required, subject to…
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