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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What 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…

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What 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…

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What 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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