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…

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How 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…

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Can 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…

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How 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…

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