How does the USPTO handle petitions against 37 CFR 1.105 requirements?

The USPTO has a specific process for handling petitions against requirements under 37 CFR 1.105, as described in MPEP 704.14(c):

1. The petition is reviewed by the Technology Center (TC) Director.
2. If the TC Director agrees that the requirement was improper, they will withdraw the requirement.
3. If the TC Director disagrees, they will deny the petition.
4. The applicant may then file a petition under 37 CFR 1.181 for review by the Deputy Commissioner for Patent Examination Policy.

The MPEP states: The TC Director will decide the petition and convey the decision to the petitioner. The decision will be considered an approval of the requirement if the requirement is repeated or even if the requirement is made final and the examiner states that it is made final.

This process ensures that there are multiple levels of review available to applicants who believe a requirement under 37 CFR 1.105 is improper.

To learn more:

• 37 CFR 1.105
• petitions
• USPTO process
• TC Director
• Deputy Commissioner

To learn more:

• 37 CFR 1.105