What happens to the application file and petition after an examiner’s formal statement?

After an examiner provides a formal statement in response to a USPTO petition, the following steps occur:

1. A copy of the formal statement is mailed to the petitioner by the examiner (unless otherwise directed).
2. The original copy of the examiner’s statement is attached to the application file and petition.
3. The complete package (application file, petition, and original statement) is returned to the official handling the petition.

MPEP 1002.01 states: “Where a formal statement under 37 CFR 1.181(c) is made, a copy thereof is mailed to the petitioner by the examiner unless the examiner is otherwise directed, and the application file and petition, accompanied by the original copy of his or her statement, are returned to the official handling the petition.“

This process ensures that the petitioner receives a copy of the examiner’s response, while the official handling the petition has access to all relevant documents to make an informed decision.

To learn more:

• USPTO petitions
• formal statements
• application file
• petition handling
• examiner response