Are 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 the distinction between formal statements and informal memoranda in the USPTO petition process:

• Formal statements are official responses made under 37 CFR 1.181(c) and are generally shared with the petitioner.
• Informal memoranda are internal communications that provide information to the official handling the petition but are not directly shared with the petitioner.

Petitioners should be aware that they may not receive direct communication from the examiner if an informal memorandum is requested as part of the petition review process.

To learn more:

• USPTO petitions
• informal memoranda
• examiner communication
• petition process
• internal communications