How are USPTO petitions referred to examiners?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance 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. 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 examiner and the type of response requested (formal statement or informal memorandum) is made by the official handling the petition. This process ensures that the examiner’s expertise can be utilized in addressing the issues raised in the petition. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Petition May Be Referred for Formal Statement or Informal Memorandum MPEP 1002.01 Permitted No Copy of Informal Memorandum Mailed to Petitioner MPEP 1002.01 Copy of Formal Statement Must Be Mailed to Petitioner MPEP 1002.01 Petition to Invoke Director's Supervisory Authority MPEP 1002 Petition to Director for PTAB Action MPEP 1002 Fee Required for Petition to Director MPEP 1002 Required Petition to Vacate Final Rejection Does Not Extend Reply Period MPEP 1002 Petition to Reopen Patent Application After PTAB Decision Without Court Action MPEP 1002.02(c) Petition Must Include Fee MPEP 1002 Required Petition Must Include Fee MPEP 1002 Required Other Related FAQs 5 FAQs Collapse What is the role of the Deputy Commissioner for Patent Examination Policy in the Office of Petitions? What is the difference between a formal statement and an informal memorandum in USPTO petitions? What is the purpose of the Office of Petitions in the USPTO? What types of matters are delegated to the Office of Petitions in the USPTO? How are petitions handled in the USPTO&#8217;s Off...