What is the procedure for handling petitions in the USPTO?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. The procedure for handling petitions in the USPTO is as follows: Petitions are sent to the official with delegated authority to decide the petition, along with the respective application files. The petition may be referred to the examiner for either a formal statement under 37 CFR 1.181(c) or an informal memorandum. For formal statements, a copy is mailed to the petitioner by the examiner, unless otherwise directed. The application file, petition, and original copy of the examiner’s statement are then returned to the official handling the petition. For informal memoranda, no copy is mailed to the petitioner by the examiner. As stated in MPEP 1002.01 : “ Petitions, together with the respective application files, are sent to the official having the delegated authority to decide the petition. “ Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Petition May Be Referred for Formal Statement or Informal Memorandum MPEP 1002.01 Permitted Copy of Formal Statement Must Be Mailed to Petitioner MPEP 1002.01 No Copy of Informal Memorandum Mailed to Petitioner MPEP 1002.01 Petitions Must Be Sent to Authorized Official MPEP 1002.01 Petition to Reopen Patent Application After PTAB Decision Without Court Action MPEP 1002.02(c) Fee Required for Suspend Petition MPEP 1002 Fee Required for Withdrawing Application from Issue MPEP 1002 Petitions to the Director for Ex Parte Reexamination Appeals and Other Matters MPEP 1002 Permitted Petition to Invoke Director's Supervisory Authority MPEP 1002 Petition to Director for PTAB Action MPEP 1002 Other Related FAQs 5 FAQs Collapse What is the role of the Deputy Commissioner for Patent Examination Policy in the Office of Petitions? What is th...