What is the process for reviewing a refusal to grant a filing date for a patent application?

If an applicant disagrees with the USPTO’s refusal to grant a filing date for their patent application, they can request a review through the following process:

• File a petition to the USPTO, accompanied by the required petition fee
• Provide arguments and evidence supporting why the application should be granted the desired filing date
• If alleging no defect exists, include a request for a refund of the petition fee

The MPEP states: Any review of the refusal to grant a filing date as of the date of deposit of the application would be by way of petition, accompanied by the petition fee (37 CFR 1.17(f)). Petitioner should provide any arguments that he or she has that the items noted were not missing or that a filing date should be assigned in the absence of such items if they are believed to be unnecessary.

Petitions relating to filing dates are decided by the Office of the Deputy Commissioner for Patent Examination Policy. The petition should be marked to the attention of the Office of Petitions.

It’s important to act promptly if you believe a filing date has been incorrectly refused, as the filing date can have significant implications for patent rights.

For more information on patent application review, visit: patent application review.