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); (3) Any terminal disclaimer (and fee as set forth in § 1.20(d)) required pursuant to paragraph (d) of this section; and (4) A statement that the entire delay in filing the required reply from the due date for the reply until the filing of a grantable petition pursuant to this section was unintentional.”
Additionally, the Director may require further information if there’s a question about whether the delay was unintentional. It’s important to note that the petition must be based on unintentional delay, as petitions based on unavoidable delay are no longer available.
To learn more: