Can a patent owner request reconsideration of a decision denying a petition to revive a reexamination?

Yes, a patent owner can request reconsideration of a decision denying a petition to revive a reexamination. The MPEP provides specific guidelines for this process: “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 reconsideration must be submitted within…

Read More

Can an applicant request reconsideration after final rejection without amending claims?

Yes, an applicant can request reconsideration after final rejection without amending claims. The MPEP 714.12 states: “An amendment after final rejection … may be made with or without request for reconsideration.” This means that an applicant can submit arguments for reconsideration without necessarily proposing amendments to the claims. Such a request might involve pointing out…

Read More