35 U.S.C. § 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. shall take effect on the date that is 1 year after the date of the enactment of this Act [ Dec. 18, 2012 ]; and any patent issued before, on, or after the effective date set forth in paragraph (1); and any application for patent that is pending on or filed after the effective date set forth in paragraph (1). 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). 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).”