What is the time limit for requesting reconsideration of a refused petition under 37 CFR 1.1051?
When a petition under 37 CFR 1.1051 is refused by the USPTO, there is a specific time limit for requesting reconsideration or review of the decision. This time limit is outlined in 37 CFR 1.1051(b). The MPEP states: “Where a petition under 37 CFR 1.1051(a) is refused by the Office, any request for reconsideration or…
Read MoreCan 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 MoreWhat should be included in a request for reconsideration of patent term adjustment?
What should be included in a request for reconsideration of patent term adjustment? According to MPEP 2734, a request for reconsideration of patent term adjustment should include: The correct patent term adjustment and the basis or bases under 37 CFR 1.702 for the adjustment Any relevant dates cited to support the adjustment How the applicant’s…
Read MoreWhat happens if my petition to the USPTO Director is denied?
If your petition to the USPTO Director is denied, you generally have the following options: File a request for reconsideration: You may be able to file a request for reconsideration of the decision, providing additional evidence or arguments. File a new petition: In some cases, you may be able to file a new petition addressing…
Read MoreCan 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…
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