Petitions and Matters Decided by the Director of International Patent Legal Administration
FederalAgency guidance
Ask Donna
How this section applies to your facts.
USPTO MPEP › Chapter 1000 - Matters Decided by Various U.S. Patent and Trademark Office Officials › MPEP § 1002.02(p)
Text
1. Petitions to withdraw the Notice of Acceptance and/or filing
receipt and indication of the steps necessary for completion of the national stage in
a national application requesting treatment under
35 U.S.C. 371
.
2. Petitions for the withdrawal of attorney or agent of record in
proceedings before PCT Operations and/or International Patent Legal Administration,
37 CFR
1.36
,
MPEP § 402.06
.
3. Petitions for access to an international application or a
national application (i.e., a national stage application or a national application
which is continuing from an international application) pending in PCT Operations
and/or International Patent Legal Administration.
4. Requests under
37 CFR 1.26
or
1.446
for
refund of fees paid in an international application or in a national application
(i.e., a national stage application or a national application which is continuing
from an international application) before PCT Operations and/or International Patent
Legal Administration.
5. Petitions under
37 CFR 1.182
to convert a
national application which was filed under
35 U.S.C. 371
to an application
filed under
35
U.S.C. 111(a)
or to convert a national application which was
filed under
35
U.S.C. 111(a)
to an application filed under
35 U.S.C.
371
.
6. Petitions under
37 CFR 1.181
to withdraw the
holding of abandonment where the holding was made in PCT Operations or in
International Patent Legal Administration.
7. Petitions under
37 CFR 1.181
to invoke the
supervisory authority of the Director of the USPTO in circumstances arising in PCT
Operations and/or International Patent Legal Administration other than the
circumstances set forth in paragraph 6, above.
8. Petitions under
37 CFR 1.137
(unintentional
delay) to revive an application filed under the Patent Cooperation Treaty (PCT).
9. Petitions under
pre-AIA 37 CFR 1.47
or a
submission under
pre-AIA 37 CFR 1.42
to accept the signature in a national
stage application on behalf of an applicant.
10
r International Patent Legal Administration other than the
circumstances set forth in paragraph 6, above.
8. Petitions under
37 CFR 1.137
(unintentional
delay) to revive an application filed under the Patent Cooperation Treaty (PCT).
9. Petitions under
pre-AIA 37 CFR 1.47
or a
submission under
pre-AIA 37 CFR 1.42
to accept the signature in a national
stage application on behalf of an applicant.
10. Requests under
37 CFR 1.48
or a submission under
37 CFR
1.28
(change of inventorship and small entity status,
respectively) in a national stage application prior to entry into the national
stage.
11. Petitions under
37 CFR 1.182
or
1.183
filed in
an international application relating to filing date matters, drawing problems,
priority claim issues, Priority Mail Express
®
problems,
Chapter II Demand problems, issues relating to obvious mistakes and issues relating
to withdrawal.
12. Petitions under
37 CFR 1.182
or
1.183
dealing
with circumstances other than those set forth in paragraph 11, but relating to issues
under the PCT.
13. Decisions withdrawing an examiner’s office action or other
action in an application where either the application or the action is not in
compliance with the provisions of the PCT, as implemented under U.S. Law or the
Regulations.
14. Requests under
PCT Rule
26bis.3
,
37 CFR
1.55
, or
37 CFR 1.78
to restore the right
of priority or domestic benefit in an international application filed under the PCT,
a national stage application under
35 U.S.C. 371
, or in an
application which claims the benefit of or priority to an international application
filed under the PCT.
15. Petitions for the acceptance of a delayed priority
claim under
37
CFR 1.55
filed in a national stage application under
35 U.S.C.
371
or in an application which claims the benefit of or
priority to an international application filed under the PCT.
16. Petitions for the acceptance of a delayed domestic
benefit claim under
37 CFR 1.78
filed in a national
stage application under
35 U.S.C
the PCT.
15. Petitions for the acceptance of a delayed priority
claim under
37
CFR 1.55
filed in a national stage application under
35 U.S.C.
371
or in an application which claims the benefit of or
priority to an international application filed under the PCT.
16. Petitions for the acceptance of a delayed domestic
benefit claim under
37 CFR 1.78
filed in a national
stage application under
35 U.S.C. 371
or in an
application which claims the benefit of or priority to an international application
filed under the PCT.
17. Petitions dealing with PCT related issues in an
application filed under
35 U.S.C. 111(a)
(such as
applications where there is a potential claim for benefit under
35 U.S.C.
365
).
18. Petitions for extensions of time under
37 CFR
1.136(b)
in applications before the International Patent Legal
Administration.
19. Petitions relating to international applications
filed under the Patent Cooperation Treaty not otherwise provided for.
20. Requests for participation in a Patent Prosecution
Highway program (
www.uspto.gov/PPH
).
21. Petitions to Make Special in accordance with
international agreements with foreign patent offices.
22. Requests for a certificate of correction that
affects related U.S. application data or foreign priority data in a patent resulting
from an application filed as a national stage application under
35 U.S.C. 371
or which claims the benefit of or priority to an international application filed
under the PCT.
23. Petitions for the late filing of a certified copy
of foreign application under
37 CFR 1.55(f)
dealing with PCT
related issues (such as where the petition, filed in a national stage application,
indicates that the certified copy was furnished in the international stage).
24. Decisions to withdraw national stage applications
under
35 U.S.C.
371
from issue either under
37 CFR 1.313(a)
before payment of
the issue fee or under
37 CFR 1.313(b)
after payment of
the issue fee for failure to comply with
35 U.S.C. 371(c)
.
25
sues (such as where the petition, filed in a national stage application,
indicates that the certified copy was furnished in the international stage).
24. Decisions to withdraw national stage applications
under
35 U.S.C.
371
from issue either under
37 CFR 1.313(a)
before payment of
the issue fee or under
37 CFR 1.313(b)
after payment of
the issue fee for failure to comply with
35 U.S.C. 371(c)
.
25. Petition under
37 CFR
1.1023(b)
to accord the international design application a
filing date in the United States other than the date of international filing.
26. Petitions under
37 CFR
1.1051
to excuse the failure to act within prescribed time
limits under the Hague Agreement.
27. Petitions under
37 CFR
1.1052
to convert an international design application to a
design application under 35 U.S.C. chapter 16.
28. Decisions withdrawing an examiner’s office action
or other action in an application where either the application or the action is not
in compliance with the provisions of the Hague Agreement, as implemented under U.S.
Law or the Regulations.
29. Petitions under
37 CFR 1.181
,
1.182
, or
1.183
in international design
applications relating to issues under the Hague Agreement.
30. Decisions relating to applications filed under the
Hague Agreement not otherwise provided for.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.