What happens if my petition for delayed payment of maintenance fees is refused?
If your petition for delayed payment of maintenance fees is refused, you have options according to MPEP 2590: Petition for Reconsideration: You can file a petition for reconsideration within two months of the decision, or within the time specified in the decision. Refund of Maintenance Fee: If the delayed payment is not accepted, the maintenance…
Read MoreWhat 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 MoreCan an applicant request reconsideration of a patent term extension determination?
Yes, an applicant can request reconsideration of a patent term extension determination. According to MPEP 2755: “A single request for reconsideration of a final determination may be made if filed by the applicant within such time as may be set in the notice of final determination or, if no time is set, within one month…
Read MoreWhat happens after the USPTO makes a final determination on patent term extension?
After the USPTO makes a final determination on patent term extension, the following process occurs: A notice is mailed to the applicant containing the determination of eligibility and the period of extension, if any. This notice constitutes the final determination. The applicant has one opportunity to request reconsideration within a specified time period. If no…
Read MoreWhat must be included in a request for reconsideration of patent term adjustment?
According to 37 CFR 1.705(b), a request for reconsideration of patent term adjustment must include: The fee set forth in 37 CFR 1.18(e) A statement of the facts involved, specifying: The correct patent term adjustment and the basis for the adjustment The relevant dates for which an adjustment is sought The adjustment to which the…
Read MoreWhat is the deadline for filing a request for reconsideration of patent term adjustment?
What is the deadline for filing a request for reconsideration of patent term adjustment? The deadline for filing a request for reconsideration of patent term adjustment is within two months from the date the patent was granted. This is stated in MPEP 2734, which quotes 37 CFR 1.705(b): “Any request for reconsideration of the patent…
Read MoreWhat is required for reconsideration in a patent reexamination?
For reconsideration in a patent reexamination, the patent owner must respond to the Office action. As stated in MPEP 2269: “In order to be entitled to reconsideration, the patent owner must respond to the Office action. 37 CFR 1.111(b).” This response can be with or without amendment, and the patent will be reconsidered accordingly. To…
Read MoreCan a restriction requirement be withdrawn after reconsideration?
Yes, a restriction requirement can be withdrawn after reconsideration. If the examiner determines that the requirement was improper, they should: Clearly state in the next Office action that the requirement is withdrawn in whole or in part Specify which groups have been reinstated Provide an action on the merits for all claims directed to the…
Read MoreWhat are the consequences of not requesting reconsideration of a restriction requirement?
Not requesting reconsideration of a restriction requirement can have significant consequences for your patent application. According to MPEP 818.01(c): A petition will not be considered if reconsideration of the requirement was not requested (see § 1.181). This means that if you don’t initially request reconsideration of the restriction requirement through a proper traverse, you lose…
Read MoreWhat are the options when an application is abandoned?
When an application is abandoned, there are two main options: Ask for reconsideration of the holding of abandonment if you disagree that the application is actually abandoned Petition for revival under 37 CFR 1.137 if you agree the application is abandoned As stated in the MPEP: When advised of the abandonment of his or her…
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