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35 U.S.C. § 27Revival of applications; reinstatement of reexamination proceedings

submitted 14 years ago by Pub. L. 112-211 to r/title-35-PATENTS · 61 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Director of the Patent Office can set up procedures to fix accidental mistakes by patent applicants or owners. This includes reviving an application abandoned by accident, or accepting a late fee or response that was delayed by accident. The applicant or patent owner must ask for this by filing a petition, and may have to pay a fee.

This is one undivided provision. The Director may establish procedures — including requiring payment of the fee specified in section 41(a)(7) — to do three things, whenever the applicant for a patent or the patent owner asks by filing a petition: First, revive a patent application that became abandoned unintentionally (by accident, not on purpose). Second, accept an unintentionally delayed payment of the fee for issuing each patent. Third, accept an unintentionally delayed response by the patent owner in a reexamination proceeding — a process where the Patent Office rechecks a patent's validity.
the actual law source: uscode.house.gov ↗public domain

The Director may establish procedures, including the requirement for payment of the fee specified in section 41(a)(7), to revive an unintentionally abandoned application for patent, accept an unintentionally delayed payment of the fee for issuing each patent, or accept an unintentionally delayed response by the patent owner in a reexamination proceeding, upon petition by the applicant for patent or patent owner.

Source credit: (Added Pub. L. 112–211, title II, § 201(b)(1), Dec. 18, 2012, 126 Stat. 1534.)

history & why it existsrecord from the source credit
  • 2012Enacted · Pub. L. 112-211 · 126 Stat. 1534

A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-211 on 2012-12-18.

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