March 31, 2011
Press Release, 11-23
USPTO Automates Filing and Decision Process for Eight Patent Petition Types to Improve Customer Service
Washington – The United States Patent and Trademark Office (USPTO) today announced the automation of the filing and decision process for eight patent- related petition types through its new e-Petition system.
“We’ve heard complaints that it takes too long to get a decision from the Petitions Office,” said Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos. “To address this issue, we're processing and issuing more petition decisions electronically, which will deliver better service to patent applicants and help improve efficiency at the USPTO.”
The eight patent related petition types cover approximately one-third of the work of the Petitions Office and join two other types of patent petitions that are already decided electronically –petitions to make special on the basis of age and petitions to accept unintentionally delayed payment of the maintenance fee.
The automated petition process uses the USPTO's new e-Petition system. With e-Petition, data is input through a secure web interface and the petition is decided automatically, eliminating months of waiting for these types of petitions to be docketed, decided and uploaded into Public PAIR (Patent Application Information Retrieval).
Petitioners will also have more control over when their petitions are filed and answered. This is especially advantageous for critical petitions, such as petitions to withdraw from issue. Electronic petition decisions will also decrease the need for renewed petitions and reduce the inventory of petitions awaiting decision, freeing up resources currently used to decide these eight types of petitions.
The eight patent related petition types include:
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)
8. Petitions to revive an abandoned application under 37 CFR 1.137(b) for continuity purposes only
For additional details on e-Petitions, please see the Frequently Asked Questions at http://www.uspto.gov/patents/process/file/efs/guidance/ePetition-FAQs.jsp.
For non-press inquiries, contact Anthony Knight at Anthony.Knight@uspto.gov.
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