What petitions are decided by the Office of Petitions?
The Office of Petitions, headed by a Deputy Commissioner for Patents, decides many important types of petitions. According to MPEP 1002.02(b), these include:
- Petitions to revive abandoned applications under 37 CFR 1.137
- Petitions for unintentionally delayed priority claims under 37 CFR 1.55(e) and 1.78(c) and (e)
- Petitions to withdraw an application from issue under 37 CFR 1.313
- Petitions for patent term adjustment under 37 CFR 1.705
- Petitions to accept delayed payment of maintenance fees under 37 CFR 1.378
The MPEP states: “Petitions and Requests Decided by the Deputy Commissioner Who Oversees the Office of Petitions or Assigned Staff in the Office of Petitions, the Office of Patent Legal Administration and the MPEP Staff Office”
These officials have authority to decide many petitions relating to procedural matters in patent prosecution that are not decided by other USPTO officials.
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