What are petitions under 37 CFR 1.182 and 1.183 in reexamination proceedings?
Petitions under 37 CFR 1.182 and 1.183 in reexamination proceedings are special requests that can be decided by the Director of the Central Reexamination Unit (CRU). These regulations allow for flexibility in patent procedures:
- 37 CFR 1.182: This rule allows for situations not specifically provided for in the regulations. It states: “All situations not specifically provided for in the regulations of this part will be decided in accordance with the merits of each situation by or under the authority of the Director.”
- 37 CFR 1.183: This rule provides for suspension of rules, stating: “In an extraordinary situation, when justice requires, any requirement of the regulations in this part which is not a requirement of the statutes may be suspended or waived by the Director or the Director’s designee, sua sponte, or on petition of the interested party, subject to such other requirements as may be imposed.”
In the context of reexamination proceedings, these petitions might be used to request special handling of a case or to waive a non-statutory requirement when extraordinary circumstances exist.
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