Petitions

Petitions regarding the filing of patent applications, revival of abandoned applications, reinstatement of expired patents, withdrawal of patent applications from issue, small entity entitlement, review of previous decisions of the Technology Centers, suspension of regulations, and questions not specifically provided for by regulations are administered by the Office of Petitions within the Office of Patent Examination Policy.

To learn more about the organization and operation of the Office of Petitions, please see the Office of Petitions page.

PATENTS PETITIONS TIMELINE

Access the Patents Petitions Timeline page to determine what types of petitions can be filed with the Office during each stage of the patent prosecution. The USPTO Petitions Timeline provides applicants access to petitions that can be submitted during each stage of patent prosecution process and information related to each specific petition and deciding office.  Also, the timeline provides information on both the historical grant rates and the pendency of decided petitions.

ANNOUNCEMENTS AND UPCOMING EVENTS

There are currently no announcements or upcoming events for petitions.

< See Patent Examination Policy Announcements.

RESOURCE INFORMATION AND REFERENCE MATERIALS

• Petitions Guidance
  • 01 - Requirements of a Petition
  • 02 - Where to File Petitions, Requests, and Related Inquiries With the Office of Petitions
  • 03 - Withdrawal from Issue Before Payment of the Issue Fee
  • 04 - Withdrawal from Issue After Payment of the Issue Fee
  • 05 - Express Abandonment After Payment of the Issue Fee
  • 06 - Withdrawal of Abandonment Based on Failure to Receive an Office Action
  • 07 - Withdrawal of Abandonment Based on Evidence that a Reply was Timely Mailed or Filed
  • 08 - Removed (superceded)
  • 09 - Revival Based on Unintentional Delay
  • 10 - Revival Based on Failure to Notify the Office of a Foreign Filing after Submission of a Non-Publication Request
  • 11 - Waiver or Suspension of Rules
  • 12 - Unintentionally Delayed Foreign Priority Claims
  • 13 - Unintentionally Delayed Domestic Benefit Claims
  • 14 - Deferment of Issuance of Patents
  • 15 - Attorney or Agent Withdrawals
  • 16 - Matters not Specifically Provided For
  • 17 - Acceptance of Maintenance Fee Payments Based on A Refusal to Accept and Record Maintenance Fee Payment Filed Prior to the Expiration of the Patent
  • 18 - Removed (superceded)
  • 19 - Acceptance of Delayed Payment of a Maintenance Fee After Expiration of the Patent Based on Unintentional Delay
  • 20 - General Supervisory Review by the Director of USPTO of a decision by a Director of the Technology Center
  • 21 - Filing Dates of Patent Applications
  • 22 - Converting Patent Applications
  • 23 - Make Special - Age and Health
  • 24 - Expungement of Papers
  • 25 - Prioritized Examination (TRACK ONE)
  • 26 - Patent Prosecution Highway (PPH)
  • 27 - Petition for Retroactive Foreign Filing License
  • 28 - Petitions for Correction of Patent Application Publications under 37 CFR 1.221 (b)
  • 29 - Petition Requesting Reconsideration of the Patent Term Adjustment Before Issuance of the Patent
  • 30 - Petition Requesting Reconsideration of the Patent Term Adjustment After Issuance of the Patent

• Official Gazette (Patents)
• Federal Register Notices (Patents)
• Fee Schedules
• Forms
• Patent Laws [PDF]
• Patent Rules [PDF]
• Manual of Patent Examination Procedure (MPEP)
• Electronic Business Center
  • Customer Numbers and Digital Certificates
    (for EFS-Web and Private PAIR)
  • ePetition Resource Page
  • ePetition Quick Start Guide [PDF]
  • EFS-Web Guide [PDF]
  • Legal Framework for EFS-Web

FREQUENTLY ASKED QUESTIONS (FAQs)

What is a petition?

A petition is a signed, written request presented to the Office.

Are all petitions handled by the Office of Petitions?

No. Petitions are decided in accordance with the delegation of authority as indicated in MPEP§ 1002. Further information on the various petitions handled by the Office of Petitions can be found here under RESOURCE INFORMATION AND REFERENCE MATERIALS.

• Selected types of the petitions handled by the Office of Petitions can also be filed as e-Petitions.

What are the ways available to file petitions?

Petitions, requests, and related inquiries, may be filed with the Office of Petitions using any of the following delivery methods:

• EFS-Web (Web-based Electronic Filing System) accessible through the Electronic Business Center (EBC);
• United States Postal Service (USPS) and addressed to:

Mail Stop Petitions
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450

• Non-USPS Delivery Services and addressed to:

United States Patent and Trademark Office
Customer Service Window
Mail Stop Petitions
Randolph Building
401 Dulany Street
Alexandria, VA 22314

• Selected types of the petitions handled by the Office of Petitions can also be filed as e-Petitions.
• Facsimile transmission for all petitions, requests, and related inquiries must be directed to the
  USPTO Central FAX Number of 571-273-8300 unless otherwise indicated below:
  • Petitions to Withdraw from Issue sent to the Central FAX Number
    should be marked "Special Processing Submission;"
  • Only Petitions to Withdraw from Issue, in particular, urgent Petitions to Withdraw from Issue
    where patent issuance is imminent, may be facsimile transmitted directly to the
    Office of Petitions at 571-273-0025; or
• Hand Carry:

United States Patent and Trademark Office
Customer Service Window (located on the Ballenger Avenue side of the Randolph Building)
401 Dulany Street
Alexandria, VA 22314

(Hours of operation are 8:30 a.m. to midnight, Eastern Standard Time, Monday through Friday).

Further information regarding mailing and hand carry procedures and addresses for the USPTO may be obtained from:

• Manual of Patent Examining Procedure (MPEP), Section 513, Deposit as Express Mail with U.S. Postal Service;
• Mailing and Hand Carry Addresses for the United States Patent and Trademark Office.

What is an ePetition?

An e-Petition is an electronically filed petition, submitted via EFS-Web that automates the petition process and allows petitioners to directly input the requisite information into a secure Web interface and immediately receive an ePetition decision if all requirements are met.

In addition to the two existing PDF based ePetitions, the Petition to make special based on Age (37 CFR 1.102) and the Petition to Accept Unintentionally Delayed Payment of the Maintenance Fee (37 CFR 1.378 (c)), the following Web-based ePetitions can be filled out completely online through Web-based screens:

1. Request for Withdrawal as Attorney or Agent of Record (37 CFR 1.36)
2. Petition to Withdraw from Issue after Payment of the Issue Fee (37 CFR 1.313(c)(1) or (2))
3. Petition to Withdraw from Issue after Payment of the Issue Fee 37 CFR 1.313 (c)(3))
4. Petition to Withdraw from Issue after Payment of the Issue Fee (37 CFR 1.313 (c)(1) or (2) with Assigned Patent Number)
5. Petition to Withdraw from Issue after Payment of the Issue Fee (37 CFR 1.313 (c)(3) with Assigned Patent Number)
6. Petition to Accept Late Payment of Issue Fee - Unintentional Late Payment (37 CFR 1.137(a))
7. Petition for Revival of an Application based on Failure to Notify the Office of a Foreign or International Filing (37 CFR 1.137 (f))
8. Petition for Revival of an Application for Continuity Purposes Only ((37 CFR 1.137 (a))
9. Petition for Revival of an Abandoned Patent Application Abandoned Unintentionally(37 CFR 1.137 (a))(For Cases Abandoned After 1st Action and Prior to Notice of Allowance)
10. Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b))
11. Petition to Make Special Based on Age (37 CFR 1.102)
12. Petition to Accept Unintentional Delayed Payment of the Maintenance Fee (37 CFR 1.378(b))

For information and guidance regarding the submission, automatic processing, and grant of ePetitions, please see ePetition-quickstart guide.

For further information on ePetitions, please see: ePetition-FAQs.

What information should be included in a petition that is not filed electronically?

Each Petition has the following FIVE (5) general requirements:

Each Petition:

• MUST be in writing, 37 CFR 1.2:

All business with the USPTO is transacted in writing. The petition should be directed to the USPTO official delegated the authority to decide that petition. See MPEP Chapter 1002. Since different matters may be considered by different branches or sections of the USPTO, each distinct subject, inquiry or request should be contained in a separate paper to avoid confusion and delay in answering papers dealing with different subjects. 37 CFR 1.4(c).

• MUST contain a statement of facts involved, the point(s) to be reviewed and the action requested, 37 CFR 1.181(b):

The care and completeness with which petitions are drafted can clearly influence the decision rendered. 37 CFR 1.181 (b) sets forth the general requirements for the content of a petition. The petition must contain a statement of the facts involved, the point(s) to be reviewed and the action or relief requested. The petition submitted should be as complete as possible and any evidence necessary should be submitted. Any error(s) in a requirement or action on the part of the USPTO should be clearly set forth with the reasons why such requirement or action is considered improper.

• MUST be accompanied by a fee, if required, in order to avoid the petition being summarily dismissed, 37 CFR 1.181 (d):

To avoid a petition being summarily dismissed for lack or insufficient fee, petitioner should make certain that the correct petition fee is submitted along with the petition. See the Please consult the Current USPTO Fee Schedule in Fee Information Page for guidance.

• MUST be timely filed, as required in 37 CFR 1.181 (f), or as required in a specific statute or regulation:

Generally a petition not filed within two (2) months from the action complained of may be dismissed as untimely. Further, the mere filing of a petition will not stay the period for replying to an examiner's action that may be running against an application or act as a stay of other proceedings. 37 CFR 1.181 (f).

• MUST comply with any specific requirements as provided by statute, regulation, or USPTO policy:

Care should be taken to review the applicable statute, regulation or USPTO policy to determine if there are other requirements that need to be met in submitting the petition.

CONTACT US

• Petitions Help Desk: 
  571-272-3282

• Other Support Numbers