How can an applicant appeal a refusal to grant a filing date?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

An applicant can appeal a refusal to grant a filing date by submitting a petition. The MPEP states:

“Any review of the refusal to grant a filing date as of the date of deposit of the application would be by way of petition, accompanied by the petition fee (37 CFR 1.17(f)).”

When submitting a petition, the applicant should:

• Provide arguments that the noted items were not missing
• Explain why a filing date should be assigned even if certain items were absent (if they believe these items were unnecessary)
• Include a request for a refund of the petition fee if they allege no defect exists

Petitions related to filing dates are decided by the Office of the Deputy Commissioner for Patent Examination Policy. The MPEP advises:

“Any petition under this section should be marked to the attention of the Office of Petitions.”