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…

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Is 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’…

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How does the Patent Law Treaties Implementation Act (PLTIA) affect provisional application benefits?

The Patent Law Treaties Implementation Act (PLTIA) has introduced important changes regarding the benefit claims for provisional applications. According to MPEP 2133.02(a): “Effective December 18, 2013, title II of the Patent Law Treaties Implementation Act (PLTIA) provides for restoration of the right to claim benefit of a provisional application filed after the expiration of the…

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What changes did the Patent Law Treaties Implementation Act of 2012 (PLTIA) make to U.S. design patent law?

The Patent Law Treaties Implementation Act of 2012 (PLTIA) made several important changes to U.S. design patent law, particularly in relation to international design applications. According to MPEP 2950, which cites the Senate Executive Report, the main changes were: Providing limited rights to patent applicants between the publication date of their international design application by…

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What changes were made to the revival of reexamination proceedings by the Patent Law Treaties Implementation Act (PLTIA)?

The Patent Law Treaties Implementation Act (PLTIA) of 2012 brought significant changes to the revival of reexamination proceedings. The MPEP outlines these changes: “37 CFR 1.137 was revised to implement the changes in the Patent Law Treaties Implementation Act of 2012 (PLTIA) to eliminate revival of abandoned applications and reexamination prosecution terminated under 37 CFR…

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What is the Patent Law Treaties Implementation Act (PLTIA) and how does it affect benefit claims?

The Patent Law Treaties Implementation Act (PLTIA) is legislation that affects benefit claims, particularly those related to provisional applications. Key points include: Effective from December 18, 2013 Provides for restoration of the right to claim benefit of a provisional application filed after the expiration of the twelve-month period in 35 U.S.C. 119(e) May allow applicants…

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What is the Hague Agreement and how does it relate to U.S. design patents?

The Hague Agreement, officially known as the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs, is an international treaty that affects design patents. The MPEP mentions: “The PLTIA among other things sets forth provisions implementing the 1999 Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs…

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