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.

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Topics: MPEP 2600 - Optional Inter Partes Reexamination, MPEP 2668 - Petition For Entry Of Late Papers For Revival Of Reexamination Proceeding, Patent Law, Patent Procedure
Tags: 37 Cfr 1.137(B), petition requirements, Reexamination Revival, unintentional delay