What is the process for reviving a terminated ex parte reexamination proceeding?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

To revive a terminated ex parte reexamination proceeding, the patent owner must file a petition under 37 CFR 1.137. The petition must include:

• The required reply to the outstanding Office action or notice (if not previously filed)
• The petition fee as set forth in 37 CFR 1.17(m)
• A statement that the entire delay was unintentional

The MPEP states: “37 CFR 1.137(a), as amended in the final rule to implement the PLTIA, provides that if the delay in reply by patent owner was unintentional, a petition may be filed pursuant to 37 CFR 1.137 to revive a reexamination prosecution terminated under 37 CFR 1.550(d).”