Electronic Filing and Automatic Decisions for Common Petitions to the Patent Office

Petitions practice before the Patent Office has long been something of a quagmire. The Office has been working on several initiatives to shed more light on the process and to ensure that decisions are released in a much more timely fashion. In this vein, the Office has created a set of automated electronic forms for submitting the most common types of petitions through its new “e-Petition system.” The selected petitions are then decided automatically and the result will be almost immediately entered into the file history.

Web-Based E-Petitions are now available for:

  1. Withdrawal of attorney;
  2. Withdraw from issue after payment of the issue fee;
  3. Withdraw from issue after payment of the issue fee under 37 CFR 1.313(c);
  4. Withdraw from issue after payment of the issue fee under 37 CFR 1.313(c)(1) or (2) when patent number is assigned;
  5. Withdraw from issue under 37 CFR 1.313(c)(3);
  6. Petition to accept late payment of issue fee – unintentional standard under 37 CFR 1.155(c) or 37 CFR 1.316;
  7. Petitions for revival under 37 CFR 1.137(f); and
  8. Petitions to revive an abandoned application under 37 CFR 1.137(b) for continuity purposes only.

More forms are likely in the future, including petitions to make special on the basis of age and petitions to accept unintentionally delayed payment of the maintenance fee (which are available in an older electronic format).

Answers to your questions regarding the system are available in the e-Petitions FAQ and from Mr. Anthony Knight.

 

4 thoughts on “Electronic Filing and Automatic Decisions for Common Petitions to the Patent Office

  1. Gee… I really want to hire a trademark attorney who can’t tell the difference between the USPTO and the Delaware County, PA, local court.

    In any event, the link to the FAQ in the posting is broken. The correct link is:
    link to uspto.gov

  2. Here is a similar story

    Delaware County will join seven other counties in Pennsylvania to implement electronic filing in the civil section of the county Court of Common Pleas.

    County Council approved a $750,000 contract with AmCad, a Virginia-based company that specializes in integrated case management systems. The cost of the new system will be paid for through the filing fees for civil suits and should be up and running in about 15 months.

  3. Great idea if it speeds up petition decisions.
    Two subjects not in this list where PTO petition decision delay is a particular problem are petitions from improper restriction requirements and petitions in reexaminations for time extensions and/or filing additional papers.

  4. yet one more step in the not-so-long path to have the computer Watson render us obsolete . . .

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