What is the difference between a formal statement and an informal memorandum in USPTO petitions?

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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. 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 the petition Informal Memorandum: Not made under any specific regulation No copy is mailed to the petitioner by the examiner MPEP 1002.01 states: “ Where a formal statement under 37 CFR 1.181(c) is made, a copy thereof is mailed to the petitioner by the examiner unless the examiner is otherwise directed… If an informal memorandum is requested, no copy thereof is mailed to the petitioner by the examiner. “ Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Copy of Formal Statement Must Be Mailed to Petitioner MPEP 1002.01 No Copy of Informal Memorandum Mailed to Petitioner MPEP 1002.01 Petition May Be Referred for Formal Statement or Informal Memorandum MPEP 1002.01 Permitted Petition Does Not Stay Examiner Response Period MPEP 1002 Permitted Fee Required for Suspend Petition MPEP 1002 Fee Required for Withdrawing Application from Issue MPEP 1002 Fee Must Be Included In Petition MPEP 1002 Required Petitions to the Director for Ex Parte Reexamination Appeals and Other Matters MPEP 1002 Permitted Petition to Invoke Director's Supervisory Authority MPEP 1002 Petition to Director for PTAB Action MPEP 1002 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 purpose of the Office of Petitions in the USPTO? What types...