PocketLaw | USC 35 | Revival of applications; reinstatement of

Revival of applications; reinstatement of reexamination proceedings

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§27. Revival of applications; reinstatement of reexamination proceedings

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.

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

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 112–211, title II, §203, Dec. 18, 2012, 126 Stat. 1536 , provided that:

"(a) In General.-The amendments made by this title [enacting this section and section 151 of this title, amending sections 41, 111, 119, 120, 122, 133, 171, 261, 361, 364, 365, and 371 of this title, and repealing section 151 of this title]-

"(1) shall take effect on the date that is 1 year after the date of the enactment of this Act [Dec. 18, 2012]; and

"(2) shall apply to-

"(A) any patent issued before, on, or after the effective date set forth in paragraph (1); and

"(B) any application for patent that is pending on or filed after the effective date set forth in paragraph (1).

"(b) Exceptions.-

"(1) Section 201(a).-The amendments made by section 201(a) [amending section 111 of this title] shall apply only to applications that are filed on or after the effective date set forth in subsection (a)(1).

"(2) Patents in litigation.-The amendments made by this title shall have no effect with respect to any patent that is the subject of litigation in an action commenced before the effective date set forth in subsection (a)(1)."

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