1002.02(b) Petitions and Requests Decided by the Deputy Commissioner Who Oversees the Office of Petitions or Assigned Staff in the Office of Petitions, the Office of Patent Legal Administration and the MPEP Staff Office [R-07.2022]
In general petitions under this section should be directed to “Mail Stop Petition, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450,” except as otherwise provided. For example, applications for patent term extension under 35 U.S.C. 156 should be directed to Mail Stop Hatch-Waxman PTE and petitions for retroactive foreign filing license under 37 CFR 5.25 should be directed to Mail Stop L&R.
2. Petitions under 37 CFR 1.183 for waiver or suspension of rules not otherwise provided for.
3. Petitions to invoke the supervisory authority of the Director of the USPTO under 37 CFR 1.181 in matters not otherwise provided for.
5. Petitions to restore the right of priority under 37 CFR 1.55(c).
6. Petitions for late filing of priority papers under 37 CFR 1.55(f).
8. Petitions to restore a domestic benefit claim under 37 CFR 1.78(b) or (e).
11. Petitions relating to issuance of patents not otherwise provided for, for example, issuance of a patent in the name of an assignee under 37 CFR 3.81.
12. Petitions for the withdrawal of attorney or agent of record under 37 CFR 1.36 in patent applications involved in proceedings before Deputy Commissioner for Patents who oversees the Office of Petitions or assigned staff in the Office of Petitions, the Office of Patent Legal Administration or the MPEP staff office and in applications pending in a Technology Center.
13. Petitions under 37 CFR 1.182 in matters not otherwise provided for.
14. Requests from the examiner for the rehearing of a decision of the Patent Trial and Appeal Board, MPEP § 1214.04.
17. Petitions to review a decision of Technology Center Director or Central Reexamination Unit Director, 37 CFR 1.181.
18. Petitions to withdraw a holding of abandonment not otherwise delegated, 37 CFR 1.181.
19. Requests to order a Director initiated reexamination proceeding, 37 CFR 1.520.
20. Petitions to accept late papers in a reexamination proceeding based upon unintentional delay, 35 U.S.C. 41(a)(7).
21. Petitions for access to patent applications under 37 CFR 1.14 (or pre-AIA 37 CFR 1.14) with the exception of applications involved in or related to a proceeding before the Patent Trial and Appeal Board, MPEP §§ 103, 104, and 1901.05.
23. Petitions relating to merger of reexamination and reissue proceedings.
25. Petitions under 37 CFR 1.181 to review a determination of the length of the patent term extension under 37 CFR 1.701 for original applications, other than designs, filed on or after June 8, 1995 and before May 29, 2000, MPEP § 2720.
29. 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 Office of Petitions or the Office of Patent Legal Administration.
30. Requests to convert a provisional application filed under 37 CFR 1.53(c) to a nonprovisional application under 37 CFR 1.53(b) where the provisional application is before the Office of Petitions or the Office of Patent Legal Administration.
31. Petitions for extensions of time under 37 CFR 1.136(b) in applications before the Office of Petitions or the Office of Patent Legal Administration.
32. Petitions, or requests at the initiative of the USPTO by someone other than a Technology Center Director, to withdraw patent applications from issue under 37 CFR 1.313(a) before payment of the issue fee.
33. Petitions, or requests at the initiative of the USPTO by someone other than a Technology Center Director, to withdraw patent applications from issue after payment of the issue fee under 37 CFR 1.313(b), MPEP § 1308, subsection II.
35. Petitions to expunge papers or assignment information from patent applications or patent files under 37 CFR 1.59 which were not submitted under MPEP § 724.02 or as part of an information disclosure statement (IDS).
40. Requests for participation in a Patent Prosecution Highway program (www.uspto.gov/ patents/init_events/pph/index.jsp).
41. Requests for participation in the Law School Pilot Program.
43. Petitions to show proprietary interest sufficient to make application on behalf of and as agent for the inventor under 37 CFR 1.46 (applicable in applications filed on or after September 16, 2012), MPEP § 409.05, subsection II.
45. Petitions to accept an oath or declaration from a person to whom an inventor has assigned or agreed in writing to assign the invention, or who otherwise shows sufficient proprietary interest in the matter justifying such action, pre-AIA 37 CFR 1.47(b) (applicable in applications filed before September 16, 2012 where none of the inventors are available to sign), MPEP § 409.03(b).
47. Petitions to change entity status, including the payment of additional fees, 37 CFR 1.28.