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, questions not specifically provided for by regulations, and other petitionable matters 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 Patents 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.

Resource information and reference materials

• Requirements of a petition
• Where to file petitions, requests, and related inquiries
• ePetition Resource Page
• Petitions data on Patents Dashboard
• Manual of Patent Examination Procedure (MPEP)
• Electronic Business Center
• Forms

Videos: 

• Office of Petitions – overview and helpful tips
• Using petitions effectively in patent prosecution
• ePetition Computer Based Training (CBT) 

Types of petitions handled by 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
• 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
• 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 or 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

Frequently asked questions (FAQs)

• What is a petition?

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

• Are all matters relating to a patent application petitionable?

No.  Ordinarily, an objection is petitionable, and a rejection is appealable, but when the objection is "determinative of the rejection" the matter may be addressed by the Patent Trial and Appeal Board.  See MPEP § 1201 for additional information.  

• 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. The Patents 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.

• What are the ways available to file petitions?

See Where to file petitions, requests, and related inquiries.

• How long will it take before my petition is decided?

The Patents Petitions Timeline provides information on both the historical grant rates and the pendency of decided petitions.

• 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.

For more information about ePetitions, please see ePetition Resource Page.

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

See Requirements of a petition. 

• Does filing a petition pause/stop the time period for a reply required in an application?

Except for a petition filed under 37 CFR 41.40 to designate a new ground of rejection in an examiner’s answer, the mere filing of a petition will not stay any period for reply that may be running against the application, nor act as a stay of other proceedings.     See 37 CFR 1.181(f).

• What can I do if my petition is dismissed?

Generally, a request for reconsideration of the dismissal may be submitted within two months from the mail date of the decision and extensions of time under 37 CFR 1.136(a) may be permitted, unless otherwise specified in the decision. The reconsideration request should include a cover letter entitled ”Renewed Petition” and should include the CFR section the petition was filed under. For example, a request for reconsideration of a decision dismissing a petition to revive an abandoned application filed under 37 CFR 1.137(a) should be entitled “Renewed Petition under 37 CFR 1.137(a)”. The request should state reason(s) why the dismissal was improper.

A petition requesting supervisory review of a request for reconsideration that was dismissed may be submitted under 37 CFR 1.181(a)(1).

• Is there any way to expedite a decision on my petition?

Certain petitions may be filed as an ePetition. Petitions filed as ePetitions are automatically processed and granted immediately For more information about ePetitions, please see ePetition Resource Page.

Alternatively, the Office of Petitions may take into consideration a petition to expedite filed under 37 CFR 1.182 requesting that consideration of an initial petition, filed prior to or simultaneously with the petition to expedite, be expedited. A petition to expedite will not be considered for a petition requesting supervisory review or a petition requesting reconsideration of a petition decision. For the proper petition fee required for a petition requesting that a petition be expedited, please consult the current USPTO Fee Schedule for code 1462/2462/3462 (Large Entity/Small Entity/Micro Entity) under the Patent Petition Fees.

Announcements and upcoming events

There are currently no announcements or upcoming events for petitions.

< See Patent Examination Policy announcements.

Contact us

• Petitions Help Desk: 
  571-272-3282

• Other support numbers