What fees are associated with filing a petition under 37 CFR 1.377?
When filing a petition under 37 CFR 1.377, there are specific fees that must be paid. The MPEP states: “The petition must be accompanied by the proper petition fee (37 CFR 1.17(g)).“ It’s important to note that the petition fee is separate from the maintenance fee itself. However, there is a provision for potentially refunding…
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…
Read MoreWhat happens to the application file and petition after an examiner’s formal statement?
After an examiner provides a formal statement in response to a USPTO petition, the following steps occur: A copy of the formal statement is mailed to the petitioner by the examiner (unless otherwise directed). The original copy of the examiner’s statement is attached to the application file and petition. The complete package (application file, petition,…
Read MoreHow are USPTO petitions referred to examiners?
USPTO petitions may be referred to examiners in two ways: For a formal statement under 37 CFR 1.181(c) For an informal memorandum According to MPEP 1002.01: “The petition may be referred to the examiner for a formal statement under 37 CFR 1.181(c) or for an informal memorandum.“ The decision to refer a petition to an…
Read MoreWhat is the time limit for filing a petition in patent prosecution?
The time limit for filing a petition in patent prosecution is generally two months from the action being contested. MPEP 1201 refers to the relevant regulation: “As 37 CFR 1.181(f) states that any petition not filed within 2 months from the action complained of may be dismissed as untimely” However, for petitions regarding restriction requirements,…
Read MoreHow can I revive an abandoned international patent application?
To revive an abandoned international patent application, you need to file a petition under 37 CFR 1.137 for unintentional delay. This petition is decided by the Director of International Patent Legal Administration. As stated in MPEP 1002.02(p): “Petitions under 37 CFR 1.137 (unintentional delay) to revive an application filed under the Patent Cooperation Treaty (PCT).”…
Read MoreHow can I restore the right of priority in an international patent application?
To restore the right of priority in an international patent application, you need to submit a request under PCT Rule 26bis.3, 37 CFR 1.55, or 37 CFR 1.78. These requests are decided by the Director of International Patent Legal Administration. According to MPEP 1002.02(p): “Requests under PCT Rule 26bis.3, 37 CFR 1.55, or 37 CFR…
Read MoreWhat reasons might justify a petition to act on a reissue application before the two-month delay period ends?
The USPTO may consider petitions to act on a reissue application before the two-month delay period ends if there are appropriate reasons. MPEP § 1441 provides an example: Appropriate reasons for requesting that the 2-month delay period not be employed include that litigation involving a patent has been stayed to permit the filing of an…
Read MoreWhat types of petitions are decided by the Director of the Office of Enrollment and Discipline?
The Director of the Office of Enrollment and Discipline decides on several types of petitions related to patent practitioner enrollment and disciplinary matters. According to MPEP 1002.02(m), these include: Petitions regarding enrollment or recognition under 37 CFR 11.2(c) Requests for limited recognition under 37 CFR 11.9 Petitions for reinstatement under 37 CFR 11.60 Petitions to…
Read MoreWhat is the difference between a formal statement and an informal memorandum in USPTO petitions?
In USPTO petition procedures, there are two types of examiner responses: formal statements and informal memoranda. The key differences are: Formal Statement: Made under 37 CFR 1.181(c) A copy is mailed to the petitioner by the examiner (unless otherwise directed) The original copy accompanies the application file and petition when returned to the official handling…
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