1002.02(c) Petitions and Requests Decided by the Technology Center Directors [R-10.2019]
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 from a final decision of examiner requiring restriction in patent applications under 37 CFR 1.144 and MPEP § 818.01(c), or 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.
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.
9. Petitions to reinstate appeals dismissed in the Technology Center. See MPEP § 1205.01.
11. Requests for extension of time in ex parte reexamination proceedings, 37 CFR 1.550(c).
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.
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.