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Title 35 — PatentsRelease 119-73

§27 Revival of applications; reinstatement of reexamination proceedings

Title 35 › Part PART I— - UNITED STATES PATENT AND TRADEMARK OFFICE › Chapter CHAPTER 2— - PROCEEDINGS IN THE PATENT AND TRADEMARK OFFICE › § 27

Last updated Apr 6, 2026|Official source

Summary

Director can set rules, including requiring the fee in section 41(a)(7), to restore abandoned applications or accept late fees or responses if requested by the applicant or owner.

Full Legal Text

Title 35, §27

Patents — Source: USLM XML via OLRC

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

Notes & Related Subsidiaries

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 section 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).”

Reference

Citations & Metadata

Citation

35 U.S.C. § 27

Title 35 — Patents

Last Updated

Apr 6, 2026

Release point: 119-73