37 CFR § 1.377 — Review of decision refusing to accept and record (MPEP Index) – BlueIron IP
37 CFR § 1.377 Review of decision refusing to accept and record
This page consolidates MPEP guidance interpreting 37 CFR § 1.377, including 35 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
37 CFR 1.377 governs the procedural mechanism for petitioning USPTO decisions, requiring strict adherence to a two-month filing window from the date of the contested action or notice.
What this section covers
- Outlines the process for petitioning against USPTO decisions that refuse to accept or record certain actions
- Defines the jurisdictional and temporal boundaries for filing review petitions
Key obligations
- Petitions must be filed within two months of the mailing date of the contested action or notice
- Failure to file within the prescribed timeframe may result in the petition being dismissed as untimely
Practice notes
- Carefully track the mailing date of USPTO notices to ensure timely petition filing
- Prepare and submit comprehensive documentation to support the petition within the two-month window
Official MPEP § 1.377 — Review of decision refusing to accept and record
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.377 Review of decision refusing to accept and record payment of a maintenance fee filed prior to expiration of patent.
- (a) Any patentee who is dissatisfied with the refusal of the Patent and Trademark Office to accept and record a maintenance fee which was filed prior to the expiration of the patent may petition the Director to accept and record the maintenance fee.
- (b) Any petition under this section must be filed within two months of the action complained of, or within such other time as may be set in the action complained of, and must be accompanied by the fee set forth in § 1.17(g) . The petition may include a request that the petition fee be refunded if the refusal to accept and record the maintenance fee is determined to result from an error by the Patent and Trademark Office.
- (c) Any petition filed under this section must comply with the requirements of § 1.181(b) and must be signed by an attorney or agent registered to practice before the Patent and Trademark Office, or by the patentee, the assignee, or other party in interest.
[49 FR 34725, Aug. 31, 1984, added effective Nov. 1, 1984; para. (c) revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997; para. (a) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; para. (b) revised, 69 FR 56481, Sept. 21, 2004, effective Nov. 22, 2004]
- Aia Practice
- Aia Overview
- Director Authority
- Petition Procedures
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- Fees
- Maintenance Fee Late
- Late Payment Surcharge
- Patent Expiration Maintenance
- Patent Reinstatement
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- Patent Term
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- Signature Requirements
- Signature Assignee
| MPEP Section | Rules |
|---|---|
| MPEP § 1002 | |
| MPEP § 1002.02(b) | |
| MPEP § 2515 | |
| MPEP § 2530 | |
| MPEP § 2531 | |
| MPEP § 2580 |