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11 - Waiver or Suspension of Rules

Deciding Office: The Office of Petitions

The criteria for a Petition requesting Waiver or Suspension of Rules is set forth in 37 CFR 1.183.

In general, these are the steps to follow for filing a Petition requesting Waiver or Suspension of Rules:

  • A Petition requesting Waiver or Suspension of a Rule that is not also a requirements of any statute, must be accompanied by a statement by petitioner that (1) distinctly identifies a specific extraordinary situation surrounding a specific rule in which compliance with that specific rule could  lead to harm by the applicant(s).  In addition, this statement must also discuss what the alleged harm is, or will be, in the event the petition is not granted.  The alleged harm must be at a level in which justice requires that the petition be granted and the subject rule be waived or suspended.

Fees:

  • For the proper petition fee required for a Petitions requesting Waiver or Suspension of Rules, please consult the Current USPTO Fee Schedule on the Fee Information Page for code 1453/2453/3453 (Large Entity/Small Entity/Micro Entity) under the Patent Petition Fees.

How to File:

For the relevant patent laws and rules applicable to Revival Based on Unavoidable Delay, please see:

  • 37 CFR 1.17, Patent application and reexamination processing fees;
  • 37 CFR 1.183, Suspension of rules;
  • PEP § 201.03, Correction of Inventorship in an Application;
  • MPEP § 402.10, Appointment/Revocation by Less Than All Applicants or Owners;
  • MPEP § 602, Original Oath or Declaration; and
  • MPEP § 711.03, Petitions Relating to Abandonment.

Forms:

No form available. Submit a signed request that includes information listed in Requirements of a Petition.


For further assistance, please contact the Petitions Help Desk between 8:30 AM - 5 PM (EDT).

United States Patent and Trademark Office
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Last Modified: 10/23/2013 11:41:55 AM