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…
Read MoreAre informal memoranda in USPTO petitions sent to petitioners?
No, informal memoranda prepared by examiners in response to USPTO petitions are not sent to petitioners. This is in contrast to formal statements, which are typically mailed to petitioners. MPEP 1002.01 explicitly states: “If an informal memorandum is requested, no copy thereof is mailed to the petitioner by the examiner.“ This difference in procedure highlights…
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