11 - Waiver or suspension of rules

Deciding Office: Office of Petitions

The criteria for a petition requesting waiver or suspension of rules are set forth in 37 CFR 1.183.

In general, these are the steps for filing a petition requesting waiver or suspension of rules:

  • A petition requesting waiver or suspension of a rule that is not also a requirement of any statute, must be accompanied by a showing by petitioner that distinctly identifies a specific extraordinary situation surrounding a specific rule in which compliance with that specific rule could result in undue harm to the applicant. This showing 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 petition requesting waiver or suspension of rules, please consult the current USPTO Fee Schedule for code 1462/2462/3462 (Large Entity/Small Entity/Micro Entity) under the Patent Petition Fees.

How to file:

  • This petition may be filed using any of these delivery methods.
     
  • For the relevant patent laws and rules, please see:
    • 37 CFR 1.17, Patent application and reexamination processing fees;
    • 37 CFR 1.183,  Suspension of rules;
    • MPEP § 602.01(c), Correction of inventorship, name of inventor, and order of names in an application;
    • MPEP § 402.10, Appointment/revocation by less than all applicants or owners;
    • MPEP § 602,  Oaths and Declarations; and
    • MPEP § 711.03(c),  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).

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The Federal Register is the authoritative source and should be consulted if a need arises to verify the authenticity of the language for any CFR citation.  Because fee schedule changes may not be reflected in the most recent version of the MPEP, please consult the USPTO Fee Schedule to determine current fee amounts.