Petitions and Requests Decided by the Technology Center Directors

1. Petitions or requests to reopen prosecution of patent

applications or to reinstate a rejection after decision by the Patent Trial and

Appeal Board under

37 CFR 1.198

, where no court action has been filed,

MPEP

§§ 1214.04

and

1214.07

.

2. Petitions under

37 CFR 1.144

after requirement

for restriction by an examiner in a patent application (

MPEP §

818.01(c)

), including a final requirement finding that a

national stage application lacks unity of invention (

37 CFR 1.499

and

MPEP §

1893.03(d)

); and protests following a holding of lack of

unity of invention by the USPTO in its capacity as International Searching Authority

(

37 CFR

1.477

and

MPEP § 1850

) or International

Preliminary Examining Authority (

37 CFR 1.489

and

MPEP §

1875.02

).

3. Petitions invoking the supervisory authority of the Director of

the USPTO under

37

CFR 1.181

involving any

ex parte

action or

requirement in a patent application by the examiner which is not subject to appeal

(

37 CFR

1.191

) and not otherwise provided for, as for example:

a. prematureness of final rejection,

MPEP

§ 706.07(c)

;

b. requirement to cancel “new matter” from specification,

MPEP §

608.04(c)

;

c. relative to formal sufficiency and propriety of affidavits

under

37

CFR 1.131(a)

(

MPEP § 715.08

) or

37 CFR

1.132

(

MPEP § 716

);

d. refusal to enter an amendment under

37 CFR

1.312

,

MPEP § 714.16(d)

;

e. refusal to enter an amendment,

MPEP §

714.19

;

f. refusal to enter an amendment under

37 CFR

1.111

or

1.115

,

MPEP §§

714.01(e)

and

714.03(a)

;

g. resetting period for reply when the delivery of mailed

correspondence was delayed by the United States Postal Service (USPS) or the

USPTO,

MPEP §

710.06

; and

h. requirement for information under

37 CFR

1.105

,

MPEP § 704.14(c)

.

4. Petitions under

37 CFR 1.113

relating to

objections or requirements made by the examiners.

5. Requests for extensions of a set shortened statutory period under

37 CFR

1.136(b)

in applications pending in the Technology Center,

MPEP

§ 710.02(e)

.

6

ed by the United States Postal Service (USPS) or the

USPTO,

MPEP §

710.06

; and

h. requirement for information under

37 CFR

1.105

,

MPEP § 704.14(c)

.

4. Petitions under

37 CFR 1.113

relating to

objections or requirements made by the examiners.

5. Requests for extensions of a set shortened statutory period under

37 CFR

1.136(b)

in applications pending in the Technology Center,

MPEP

§ 710.02(e)

.

6. Petitions under

37 CFR 41.40

to request review of

the primary examiner’s failure to designate a rejection in the examiner’s answer as a

new ground of rejection,

MPEP § 1207.03(b)

.

7. Petitions concerning appealed patent applications or

ex

parte

reexamination proceedings before transfer of jurisdiction to the

Patent Trial and Appeal Board (e.g., extension of time under

37 CFR 1.136(b)

or

1.550(c)

for filing an appeal brief),

MPEP §

1205.01

.

8. Petitions from refusal to issue a certificate of correction for a

patent not involved in an interference,

37 CFR 1.181

,

MPEP §§

1480

-

1485

.

9. Petitions to reinstate appeals dismissed in the Technology

Center. See

MPEP §

1205.01

.

10. Petitions from the denial of a request for reexamination,

37 CFR

1.515(c)

,

MPEP § 2248

.

11. Requests for extension of time in

ex parte

reexamination proceedings,

37 CFR 1.550(c)

.

12. Petitions under

37 CFR 1.129(b)(2)

traversing a

restriction requirement made in an application which is subject to the transitional

restriction provisions,

MPEP § 803.03

.

13. Petitions to convert a nonprovisional application filed under

37 CFR

1.53(b)

to a provisional application under

37 CFR 1.53(c)

where the nonprovisional application is before the Technology Center.

14. Requests for interviews with examiner after a patent application

has been sent to issue (Notice of Allowability mailed),

MPEP § 713.10

, or

after transfer of jurisdiction to the Patent Trial and Appeal Board,

MPEP

§ 1204.03

.

15. Petitions to expunge papers from patent applications under

37 CFR

1.59

which were submitted under

MPEP § 724.02

or as

part of an information disclosure statement

ter.

14. Requests for interviews with examiner after a patent application

has been sent to issue (Notice of Allowability mailed),

MPEP § 713.10

, or

after transfer of jurisdiction to the Patent Trial and Appeal Board,

MPEP

§ 1204.03

.

15. Petitions to expunge papers from patent applications under

37 CFR

1.59

which were submitted under

MPEP § 724.02

or as

part of an information disclosure statement.

16. Petitions, or requests at the initiative of the

USPTO, to withdraw patent applications from issue before payment of the issue fee,

37 CFR

1.313(a)

, where the application is before the Technology

Center.

17. Requests at the initiative of the USPTO to withdraw patent

applications from issue after payment of the issue fee under

37 CFR

1.313(b)

,

MPEP § 1308

, subsection II.

18. Petitions under

37 CFR 1.91

to admit a model or

exhibit as part of the record of an application,

MPEP § 608.03

.

19. Requests for the return of models, exhibits, or specimen under

37 CFR

1.94

,

MPEP § 608.03(a)

.

20. Request by applicant for a second or subsequent

suspension of action in patent applications under

37 CFR 1.103(a)

,

MPEP §

709

, regardless of which rule the first or prior request

for suspension was based on.

21. Petitions regarding sequence rules,

37

CFR 1.821

-

1.825

and

1.831

-

1.835

.

22. Request for a certificate of statement of

availability of deposit,

MPEP § 2410.02

.