How are USPTO petitions referred to examiners?

USPTO petitions may be referred to examiners in two ways:

1. For a formal statement under 37 CFR 1.181(c)
2. For an informal memorandum

According to MPEP 1002.01: “The petition may be referred to the examiner for a formal statement under 37 CFR 1.181(c) or for an informal memorandum.“

The decision to refer a petition to an examiner and the type of response requested (formal statement or informal memorandum) is made by the official handling the petition. This process ensures that the examiner’s expertise can be utilized in addressing the issues raised in the petition.

To learn more:

• USPTO petitions
• examiner referral
• formal statement
• informal memorandum
• 37 CFR 1.181(c)