What should an examiner do when receiving a pre-AIA 37 CFR 1.47 application?

When an examiner receives a pre-AIA 37 CFR 1.47 application, they must follow these steps:

“When an examiner receives an application in which a petition under pre-AIA 37 CFR 1.47 has been filed, he or she must check the file to determine that the petition has been decided by the Office of Petitions. If the petition has not been decided by the Office of Petitions, the application, or an electronic message concerning the petition, must be forwarded to the Office of Petitions for appropriate action.”

In essence, the examiner must verify that the Office of Petitions has made a decision on the pre-AIA 37 CFR 1.47 petition. If not, the examiner must forward the application or relevant information to the Office of Petitions for further processing.

To learn more:

• pre-AIA 37 CFR 1.47
• patent examiner
• Office of Petitions

To learn more:

• pre-AIA 37 CFR 1.47