Is it possible to revive a reexamination proceeding based on unavoidable delay?
No, it is no longer possible to revive a reexamination proceeding based on unavoidable delay. The MPEP clearly states: “37 CFR 1.137 was revised to implement the changes in the Patent Law Treaties Implementation Act of 2012 (PLTIA) to eliminate revival of an abandoned application and reexamination prosecution terminated under § 1.550(d) under the ‘unavoidable’…
Read MoreCan you request reconsideration of patent term adjustment after the two-month deadline?
Can you request reconsideration of patent term adjustment after the two-month deadline? Generally, requests for reconsideration of patent term adjustment filed after the two-month deadline are dismissed as untimely. However, MPEP 2734 provides an exception for situations where the applicant can show that the delay was unavoidable: “The two-month time period may be extended under…
Read MoreWhat evidence is required for a showing of unavoidable delay in a petition to revive?
What evidence is required for a showing of unavoidable delay in a petition to revive? When filing a petition to revive an abandoned application based on unavoidable delay, the petitioner must provide substantial evidence to support the claim. According to MPEP 711.03(c), the evidence required includes: Detailed explanation: A clear and detailed explanation of the…
Read MoreWhat is the difference between unavoidable and unintentional delay in patent application abandonment?
The MPEP 711.03(b) distinguishes between unavoidable and unintentional delay for reviving abandoned applications: Unavoidable delay (37 CFR 1.137(a)): This requires a higher standard of proof. The delay must have been unavoidable despite the exercise of due care and diligence. Unintentional delay (37 CFR 1.137(b)): This has a lower standard and is more commonly used. The…
Read MoreHow does the USPTO treat applications abandoned for failure to timely reply to a notice?
When an application is abandoned for failure to timely reply to a notice, the USPTO follows specific procedures. According to MPEP 711.02(b): An application abandoned for failure to timely reply to an Office action may be revived as a pending application if it is shown to the satisfaction of the Commissioner that the delay in…
Read MoreCan I revive an abandoned patent application?
Can I revive an abandoned patent application? Yes, it is possible to revive an abandoned patent application under certain circumstances. The MPEP 711 states: ‘An abandoned application may be revived as a pending application if it is shown to the satisfaction of the Director that the delay was unavoidable (37 CFR 1.137(a)) or unintentional (37…
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