What should be included in a petition to the USPTO Director?

A well-prepared petition to the USPTO Director should include several key elements:

  • A clear statement of the relief requested
  • The facts and circumstances supporting the petition
  • The legal basis for the requested relief
  • Any evidence supporting the petition
  • The appropriate petition fee, if required

It’s important to note that 37 CFR 1.4(c) requires a separate petition for each distinct subject, inquiry or order to avoid confusion and delay. The MPEP advises:

“Therefore, each petition should ordinarily only be filed under a single authorizing provision (e.g., 37 CFR 1.181).”

Petitioners should carefully consider which type of petition is most appropriate for their situation before filing.

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Tags: 37 cfr 1.4, director, patent procedure, petitions, USPTO