37 CFR § 1.183 — Suspension of rules. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.183 Suspension of rules.
This page consolidates MPEP guidance interpreting 37 CFR § 1.183, including 97 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 Director may waive regulations under extraordinary circumstances by submitting a petition that includes a fee and a detailed statement of the type of relief requested along with relevant facts.
What this section covers
- Define what this section covers at a high level, including the Director's authority to waive regulations under extraordinary circumstances.
- Identify the core topic and scope of guidance in this section, focusing on the process for requesting suspension or waiver of regulations.
Key obligations
- State the primary requirement practitioners must satisfy, which is including a petition fee with any petition for suspension or waiver.
- State an additional required element or condition, which is including a detailed statement of the type of relief requested and relevant facts in the petition.
- State a key compliance obligation tied to authority (USC/CFR), which is the requirement for the Director's authorization under extraordinary circumstances.
Practice notes
- Give a practical drafting or filing tip grounded in this section, such as ensuring all required elements are clearly stated and supported with relevant facts.
- Call out a common pitfall or best practice relevant to this section, such as failing to include the petition fee with the submission.
Official MPEP § 1.183 — Suspension of rules.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.183 Suspension of rules.
In an extraordinary situation, when justice requires, any requirement of the regulations in this part which is not a requirement of the statutes may be suspended or waived by the Director or the Director’s designee, sua sponte, or on petition of the interested party, subject to such other requirements as may be imposed. Any petition under this section must be accompanied by the petition fee set forth in § 1.17(f) .
[47 FR 41272, Sept. 17, 1982, effective Oct. 1, 1982; revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; revised, 69 FR 56481, Sept. 21, 2004, effective Nov. 22, 2004]
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