What happens if my petition to the USPTO Director is denied?

If your petition to the USPTO Director is denied, you generally have the following options:

1. File a request for reconsideration: You may be able to file a request for reconsideration of the decision, providing additional evidence or arguments.
2. File a new petition: In some cases, you may be able to file a new petition addressing the issues that led to the denial.
3. Seek judicial review: For certain types of decisions, you may have the option to seek judicial review in federal court.

According to MPEP 1002, “Any request for reconsideration of a decision on a petition must be filed within 2 months from the mail date of the decision, unless otherwise specified.” It’s important to carefully review the denial decision and consult with a patent attorney to determine the best course of action based on your specific circumstances.

Remember that the options available and deadlines may vary depending on the type of petition and the specific issues involved. Always refer to the relevant USPTO regulations and MPEP sections for the most accurate and up-to-date information.

To learn more:

• petition denial
• USPTO Director
• reconsideration request
• judicial review