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1002.02(b) Petitions and Requests Decided by the Office of the Deputy Commissioner for Patent Examination Policy [R-2] - 1000 Matters Decided by Various U.S. Patent and Trademark Office Officials
1002.02(b) Petitions and Requests Decided by the Office of the Deputy Commissioner for Patent Examination Policy [R-2]
All petitions decided by the Office of the Deputy Commissioner for Patent Examination Policy other than by the PCT Legal Administration (see MPEP § 1002.02(p)), and inquiries relating thereto, 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< Patent Ext.
1. Petitions to revive an abandoned national, nonprovisional or provisional patent application, 37 CFR 1.137 (both unavoidable delay and unintentional delay), MPEP § 711.03(c).
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.
4. For utility and plant applications filed on or after November 29, 2000, petitions for an unintentionally delayed foreign priority claim, 37 CFR 1.55(c), MPEP § 201.14(a).
5. For utility and plant applications filed on or after November 29, 2000, petitions for an unintentionally delayed domestic priority claim, 37 CFR 1.78(a)(3) and (a)(6), MPEP § 201.11.
6. Petitions for deferment of issuance of patents, 37 CFR 1.314, MPEP § 1306.01.
7. Petitions for express abandonment of patent applications after payment of the issue fee, MPEP § 711.01 and MPEP § 1308.
8. Petitions relating to assignments and issuance of patents not otherwise provided for.
9. Petitions relating to public use proceedings, 37 CFR 1.292.
10. Petitions for the withdrawal of attorney under 37 CFR 1.36 in patent applications involved in proceedings before the Office of the Deputy Commissioner for Patent Examination Policy.
11. Petitions under 37 CFR 1.182 in matters not otherwise provided for.
12. Requests by the examiner to the Board of Patent Appeals and Interferences for reconsideration of a decision, MPEP § 1214.04.
13. Petitions to review refusal to accept and record maintenance fee payment filed prior to the expiration of a patent, 37 CFR 1.377, MPEP § 2580.
14. Petitions to accept delayed payment of maintenance fee in an expired patent, 37 CFR 1.378, MPEP § 2590.
15. Petitions to review a decision of Technology Center Director, 37 CFR 1.181.
16. Petitions to withdraw a holding of abandonment not otherwise delegated, 37 CFR 1.181.
17. Requests to order a *>Director< initiated reexamination proceeding, 37 CFR 1.520.
18. Petitions to accept late papers in a reexamination proceeding based upon unavoidable or unintentional delay, 35 U.S.C. 133 and 35 U.S.C. 41(a)(7).
19. Petitions for access to patent applications under 37 CFR 1.14 with the exception of applications involved in or related to a proceeding before the Board of Patent Appeals and Interferences, MPEP § 103, § 104, and § 1901.05.
20. Petitions relating to reexamination proceedings and/or reissue proceedings under 37 CFR 1.182 and 1.183.
21. Petitions relating to merger of reexamination and reissue proceedings.
22. Petitions for acceptance of national applications without participation of one or more inventors under 37 CFR 1.47, MPEP § 409.03.
23. Petitions relating to patent term extension 37 CFR 1.710- 1.785.
24. Petitions under 37 CFR 1.181 to review a determination of the length of the patent term extension under 37 CFR 1.701.
25. Requests for reconsideration of the patent term adjustment indicated in the notice of allowance or in the patent, under 37 CFR 1.705.
26. Requests for reinstatement of the period of patent term adjustment reduced pursuant to 37 CFR 1.704(b), under 37 CFR 1.705(c).
27. Petitions relating to the filing date of patent applications under 37 CFR 1.53 and former 37 CFR 1.60 and 1.62, MPEP § 506.02.
28. Petitions relating to filing and/or issuance of divisional reissue applications, 37 CFR 1.177, MPEP § 1451.
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 nonprovi-sional 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 after payment of the issue fee under 37 CFR 1.313(b) **, MPEP § 1308.
>33. Petitions to withdraw patent applications from issue after payment of the issue fee under 37 CFR 1.313(c).
34. Petitions to expunge papers from patent applications or patent files under 37 CFR 1.59 which were not submitted under MPEP § 724.02 or as part of the IDS.<
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