What is the difference between a formal statement and an informal memorandum in USPTO petitions?
In USPTO petition procedures, there are two types of examiner responses: formal statements and informal memoranda. The key differences are:
- Formal Statement:
- Made under 37 CFR 1.181(c)
- A copy is mailed to the petitioner by the examiner (unless otherwise directed)
- The original copy accompanies the application file and petition when returned to the official handling the petition
- Informal Memorandum:
- Not made under any specific regulation
- No copy is mailed to the petitioner by the examiner
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… If an informal memorandum is requested, no copy thereof is mailed to the petitioner by the examiner.“
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