MPEP § 1002.02(c) — Petitions and Requests Decided by the Technology Center Directors

Ninth Edition, Revision 01.2024 · last revised R-01.2024

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. 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.

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.