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

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.

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.