37 CFR § 1.181 — Petition to the Director. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.181 Petition to the Director.
This page consolidates MPEP guidance interpreting 37 CFR § 1.181, including 220 rules 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.
Summary
The Petition to the Director section covers petitions from examiners' actions in ex parte prosecution and reexamination, focusing on the core topic of requesting a review by the Director.
What this section covers
- Defines what this section covers at a high level, including petitions from examiners' actions in ex parte prosecution and reexamination.
- Identifies the core topic and scope of guidance in this section, focusing on petitions to the Director for various matters.
Key obligations
- States the primary requirement practitioners must satisfy, which is including a statement of facts and points to be reviewed.
- States an additional required element or condition, such as supporting documents like briefs or memoranda and affidavits.
- States a key compliance obligation tied to authority (USC/CFR), which is the requirement for petitions to include specific details and actions requested.
Practice notes
- Gives a practical drafting or filing tip grounded in this section, such as ensuring all required elements are clearly stated and supported.
- Calls out a common pitfall or best practice relevant to this section, like missing key details in the petition that could lead to denial.
Official MPEP § 1.181 — Petition to the Director.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.181 Petition to the Director.
- (a) Petition may be taken to the Director:
- (1) From any action or requirement of any examiner in the ex parte prosecution of an application, or in ex parte or inter partes prosecution of a reexamination proceeding which is not subject to appeal to the Patent Trial and Appeal Board or to the court;
- (2) In cases in which a statute or the rules specify that the matter is to be determined directly by or reviewed by the Director; and
- (3) To invoke the supervisory authority of the Director in appropriate circumstances. For petitions involving action of the Patent Trial and Appeal Board, see § 41.3 of this title.
- (b) Any such petition must contain a statement of the facts involved and the point or points to be reviewed and the action requested. Briefs or memoranda, if any, in support thereof should accompany or be embodied in the petition; and where facts are to be proven, the proof in the form of affidavits or declarations (and exhibits, if any) must accompany the petition.
- (c) When a petition is taken from an action or requirement of an examiner in the ex parte prosecution of an application, or in the ex parte or inter partes prosecution of a reexamination proceeding, it may be required that there have been a proper request for reconsideration (§ 1.111 ) and a repeated action by the examiner. The examiner may be directed by the Director to furnish a written statement, within a specified time, setting forth the reasons for his or her decision upon the matters averred in the petition, supplying a copy to the petitioner.
- (d) Where a fee is required for a petition to the Director the appropriate section of this part will so indicate. If any required fee does not accompany the petition, the petition will be dismissed.
- (e) Oral hearing will not be granted except when considered necessary by the Director.
- (f) The mere filing of a petition will not stay any period for reply that may be running against the application, nor act as a stay of other proceedings. Any petition under this part not filed within two months of the mailing date of the action or notice from which relief is requested may be dismissed as untimely, except as otherwise provided. This two-month period is not extendable.
- (g) The Director may delegate to appropriate Patent and Trademark Office officials the determination of petitions.
[24 FR 10332, Dec. 22, 1959; 34 FR 18857, Nov. 26, 1969; paras. (d) and (g), 47 FR 41272, Sept. 17, 1982, effective Oct. 1, 1982; para. (a), 49 FR 48416, Dec. 12, 1984, effective Feb. 11, 1985; para. (f) revised, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000; paras. (a) and (c) revised, 65 FR 76756, Dec. 7, 2000, effective Feb. 5, 2001; paras. (a), (a)(2)-(3), (c)-(e) & (g) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; para. (a)(3) revised, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; paras. (a)(1) and (a)(3) revised, 77 FR 46615, Aug. 6, 2012, effective Sept. 16, 2012]
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