Title 35 — Patents
Part I · Chapter 2 — Proceedings in the Patent and Trademark Office
§ 27. Revival of applications; reinstatement of reexamination proceedings
Statutory text
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Patent Law Treaties Implementation Act of 2012
Pub. L. 112–211 title II § 201(b)(1) · 126 Stat. 1527
Enacted · 35 U.S.C. § 27
(Added Pub. L. 112–211, title II, § 201(b)(1), Dec. 18, 2012, 126 Stat. 1534.)
Source evidence
Code source credit
(Added Pub. L. 112–211, title II, § 201(b)(1), Dec. 18, 2012, 126 Stat. 1534.)Enacted provision · exact public law section
(1) In general.— Chapter 2 of title 35, United States Code, is amended by adding at the end the following: “§ 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.” .
1 of 1 references resolved to an enrolled provision
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 112–211, title II, § 203, , 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 []; 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).”
Credits
(Added Pub. L. 112–211, title II, § 201(b)(1), , 126 Stat. 1534.)