What are the requirements for a petition to revive a reexamination proceeding?
A petition to revive a reexamination proceeding must meet specific requirements as outlined in 37 CFR 1.137(b). The MPEP states: “A grantable petition pursuant to this section must be accompanied by: (1) The reply required to the outstanding Office action or notice, unless previously filed; (2) The petition fee as set forth in § 1.17(m);…
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 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…
Read MoreWhat is the fee for filing a petition to revive a reexamination proceeding?
The fee for filing a petition to revive a reexamination proceeding is specified in the patent fee schedule. According to 35 U.S.C. 41(a)(7), as mentioned in the MPEP: “On filing each petition for the revival of an abandoned application for a patent, for the delayed payment of the fee for issuing each patent, for the…
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