MPEP § 1002.01 — Procedure (Annotated Rules)
§1002.01 Procedure
This page consolidates and annotates all enforceable requirements under MPEP § 1002.01, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Procedure
This section addresses Procedure. Primary authority: 37 CFR 1.181(c). Contains: 1 permission and 3 other statements.
Key Rules
Copies and Certified Documents
Where a formal statement under 37 CFR 1.181(c) is made, a copy thereof is mailed to the petitioner by the examiner unless the examiner is otherwise directed, and the application file and petition, accompanied by the original copy of his or her statement, are returned to the official handling the petition. If an informal memorandum is requested, no copy thereof is mailed to the petitioner by the examiner.
Where a formal statement under 37 CFR 1.181(c) is made, a copy thereof is mailed to the petitioner by the examiner unless the examiner is otherwise directed, and the application file and petition, accompanied by the original copy of his or her statement, are returned to the official handling the petition. If an informal memorandum is requested, no copy thereof is mailed to the petitioner by the examiner.
Delegation of Petition Authority (MPEP 1003)
Petitions, together with the respective application files, are sent to the official having the delegated authority to decide the petition. The petition may be referred to the examiner for a formal statement under 37 CFR 1.181(c) or for an informal memorandum. See MPEP § 711.03(d).
Director Authority and Petitions (MPEP 1000)
Citations
| Primary topic | Citation |
|---|---|
| Copies and Certified Documents Delegation of Petition Authority (MPEP 1003) Director Authority and Petitions (MPEP 1000) | 37 CFR § 1.181(c) |
| Delegation of Petition Authority (MPEP 1003) Director Authority and Petitions (MPEP 1000) | MPEP § 711.03(d) |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 1002.01 — Procedure
Source: USPTO1002.01 Procedure [R-07.2015]
Petitions, together with the respective application files, are sent to the official having the delegated authority to decide the petition. The petition may be referred to the examiner for a formal statement under 37 CFR 1.181(c) or for an informal memorandum. See MPEP § 711.03(d).
Where a formal statement under 37 CFR 1.181(c) is made, a copy thereof is mailed to the petitioner by the examiner unless the examiner is otherwise directed, and the application file and petition, accompanied by the original copy of his or her statement, are returned to the official handling the petition. If an informal memorandum is requested, no copy thereof is mailed to the petitioner by the examiner.