News Item

e-Petitions
(4/5/11)

The United States Patent and Trademark Office announced that it is automating filing and decision-making for eight types of patent-related petitions through the new e-Petitions process.  Petitioners file e-Petitions through a secure website interface and the petitions then are decided automatically.

The patent-related petitions added to the e-Petitions process are for:
1.  withdrawal of attorney;
2.  withdrawal from issue after payment of the issue fee;
3.  withdrawal from issue after payment of the issue fee under 37 C.FR. § 1.313(c);
4.  withdrawal from issue after payment of the issue fee under 37 C.F.R. §§ 1.313(c)(1) or (2) when patent number is assigned;
5.   withdrawal from issue under 37 C.F.R. § 1.313(c) (3);
6.   accept late payment of issue fee – unintentional standard under 37 C.F.R. § 1.155(c) or 37 .C.F.R § 1.316;
7.   revival under 37 C.F.R. § 1.137(f) of an application abandoned for failure to notify the office of a foreign filing after having filed a request for non-publication; and
8.   revive an unintentionally abandoned application under 37 C.F.R. § 1.137(b) for continuity purposes only.

Applicants will benefit from the speed with which these petitions will be decided, particularly in time-sensitive matters such as a withdrawal from issue, and the Office will be able to reassign the personnel that currently handle these petitions to deal with the backlog of undecided petitions.

These patent-petitions join two other types of patent-related petitions that are decided electronically, namely petitions to make special on the basis of age and petitions to accept the unintentionally delayed payment of a maintenance fee.

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