What is the process for reviving a terminated inter partes 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 inter partes reexamination proceeding, the patent owner must file a petition under 37 CFR 1.137. The petition must demonstrate that the delay in response was unintentional. According to the MPEP:

“If the patent owner in an inter partes reexamination proceeding fails to file a timely and appropriate response to any Office action and no claims are allowable, then pursuant to 37 CFR 1.957(b), the prosecution of the reexamination proceeding is terminated, and a certificate under 37 CFR 1.997 is issued canceling all claims of the patent that were under reexamination.”

To revive the proceeding, the petition must include:

• The required reply to the outstanding Office action
• The petition fee as set forth in 37 CFR 1.17(m)
• A statement that the entire delay was unintentional

The Director may require additional information if there’s a question about whether the delay was unintentional.