Petitions are generally covered in MPEP Chapter 700. MPEP Chapter 1000 addresses the following points regarding petitions:
- Petitions must be filed within 2 months in ex parte (regular, reexam, reissue), and it does not stay time to reply to outstanding rejection.
- MPEP §1002.02 identifies which PTO official has authority.
- §1.182 – situations not specifically provided for in the rules – decided on merits
- §1.183 – waiver of a rule not required by a statute in an extraordinary situation where justice requires
Chapter 1000: Filing Petitions under 37 CFR 1.181, 1.182, 1.183:
- 1. 37 CFR 1.181: These are petitions that can be filed in response to any requirement of the examiner that is not subject to an appeal. (appeals are about the merits of the case (e.g. claim rejection), the petitions are usually about other matters). REQUIREMENTS:
- A statement of facts involved, the points to be reviewed, and the action requested. There may be supporting briefs & affidavits along with the fact statement.
- If the petition is in regards to an action or requirement made by the examiner, then the petition may have to wait until after the examiner has already had a request for reconsideration in regards to the matter (like for example, if the examiner has made a restriction requirement, the applicant filed a request to reconsider, and the examiner still made the restriction requirement).
- The requisite petition fee! (see 37 CFR 1.17)
- TIME: The petition must be filed within a 2 month non-extendable time period from when the original action that is the subject of the petition occurred.
- 2. 37 CFR 1.182: This is sort of the gap-filler, when a petition is not expressly allowed in other rules, it can be filed under 1.182.
- The same requirements seen above for a 1.181 petition apply here too.
- 3. 37 CFR 1.183: This is a petition to suspend or waive a rule.
- These are reserved for extraordinary situations, don’t expect to see these often.
- Meet the 1.181 requirements too.