What is the procedure for handling petitions in the USPTO?
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.“
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