CFR > Title 37 - Patents, Trademarks, and Copyrights > CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE > SUBCHAPTER A—GENERAL (parts 1 to 5) > PART 1—RULES OF PRACTICE IN PATENT CASES > SUBPART H—Inter Partes Reexamination of Patents That Issued From an Original Application Filed in the United States on or After November 29, 1999 (§1.902 to §1.997) > 1.958—Petition to revive inter partes reexamination prosecution terminated for lack of patent owner response.

1.958—Petition to revive inter partes reexamination prosecution terminated for lack of patent owner response.

(a) If a response by the patent owner is not timely filed in the Office, the delay in filing such response may be excused if it is shown to the satisfaction of the Director that the delay was unavoidable. A grantable petition to accept an unavoidably delayed response must be filed in compliance with § 1.137(a).
(b) Any response by the patent owner not timely filed in the Office may be accepted if the delay was unintentional. A grantable petition to accept an unintentionally delayed response must be filed in compliance with § 1.137(b).