What is the deadline for filing a petition to the Director of the USPTO?

The deadline for filing a petition to the Director of the USPTO varies depending on the specific issue and circumstances. According to MPEP 1002, “The specific delegation to decide various petitions to the Director is set forth in MPEP Chapter 1000.” Some petitions have statutory deadlines, while others may have deadlines set by regulation or USPTO policy. It’s crucial to check the specific requirements for your particular petition type. For example:

• Petitions to revive an abandoned application typically must be filed within 2 months of the notice of abandonment (37 CFR 1.137)
• Petitions for revival of an expired patent must be filed within 24 months of the patent’s expiration date (35 U.S.C. 41(c)(1))

Always consult the relevant MPEP sections, statutes, and regulations for the most up-to-date and accurate information regarding petition deadlines.

To learn more:

• petition deadlines
• USPTO Director
• patent petitions
• revival petitions