ePetitions FAQs

Basics

An e-Petition is an electronically filed petition, submitted via EFS-Web, that automates the petition process and allows petitioners to directly input the requisite information into a secure Web interface and immediately receive an ePetition decision if all requirements are met.

For Petition to Make Special Based on Age (37 CFR 1.102) and Petition to Accept Unintentionally Delayed Payment of the Maintenance Fee (37 CFR 1.378(c)) a user may file them as an un-registered eFiler through EFS-Web.

For all other ePetitions, basic guidelines for filing ePetitions are:

  • Must be a registered eFiler.
  • Must be able to access EFS-Web registered.
  • Registered eFiler users are strongly advised to transmit their electronic filings sufficiently early in the day to allow time for alternative paper filing when transmission cannot be initiated or correctly completed.
  • The ability to submit an ePetition under EFS-Web Contingency is not permitted.

Patent Help - ePetitions - Basics

The USPTO would like to see how well the 10 web based ePetitions are received before converting.

General

Sign on to EFS-Web as a registered user with a verified USPTO.gov account. Support staff working on behalf of a practitioner needs to be sponsored to obtain access.

Select the radio button located next to “Existing application/patent”. The Web screen will expand to display additional options. Select the radio button next to “ePetition (for automatic processing and immediate grant, if all petitions requirements are met)”.

When the “ePetition” option is selected, the screen will display all available ePetition types.

This Computer Based Training provides an overview of ePetitions and includes a step-by-step demonstration that illustrates how quick and easy it is to submit the Request for Withdrawal as Attorney or Agent of Record (37 CFR 1.36) via ePetition

Note: For Petition to Make Special Based on Age (37 CFR 1.102) and Petition to Accept Unintentionally Delayed Payment of the Maintenance Fee (37 CFR 1.378(c)) a user may file them as an un-registered eFiler through EFS-Web.
 

EFS-Web is a Web-based Electronic Filing System accessible through the Electronic Business Center (EBC). EFS-Web allows for filing a petition either electronically or through an ePetition option. Petitions that are filed electronically, but not through ePetition option, will not enjoy the benefits of filing an ePetition such as immediate petition decision or instant feedback on requirements.

To file an ePetition, the radio button next to “ePetition (for automatic processing and immediate grant, if all petitions requirements are met)” needs to be selected as a Type of Submission for Existing Application/Processing.  A Web-based ePetition will be fillable completely online through screens in EFS-Web. Please see Web-based ePetition Quick Start Guide [PDF] for reference.

If you have any questions or concerns regarding filing in EFS‐Web, please contact the Patent 
EBC Monday ‐ Friday, from 6:00 a.m. to 12 Midnight Eastern Time, by email ebc@uspto.gov or telephone 866‐217‐9197.

An ePetition can be filed through EFS-Web (Web-based Electronic Filing System), accessible through the Electronic Business Center (EBC)

An attempt should be made to submit the ePetition again. If the second attempt to file the ePetition fails, the Office of Petitions should be contacted at 571-272-3282.

If the petition is an urgent petition to Withdraw from Issue, patent issuance is imminent, and the Office of Petitions cannot be reached, a paper petition may be faxed to the Office of Petitions at 571-273-0025.

Specific ePetition filing requirements may be found in the Web-based ePetition Quick Start Guide [PDF].

Yes, an ePetition can be filed subsequent to a non-ePetition petition. The fee must be paid again to process an ePetition. However, the fee paid on the non-ePetition petition may be refunded under 37 CFR 1.26 upon request.

An attempt should be made to submit the ePetition again. If the second attempt to file the ePetition fails, urgent Petitions to Withdraw from Issue where patent issuance is imminent may be faxed directly to the Office of Petitions at 571-273-0025.

Faster Petition Processing - Filing an ePetition allows direct input of the requisite filing information into a secure Web interface and immediately receiving an ePetition grant. Delays associated with manually processed petitions are avoided.

Immediate Petition Grant upon Submission - Submitted ePetitions are autoprocessed and immediately granted upon submission if all requirements are met. The auto-granting of submitted ePetitions is advantageous for time sensitive petitions.

Instant Feedback on Requirements - Feedback is immediately provided throughout the ePetition filing process to assist in meeting all filing requirements necessary for compliance with petition rules and to assure that fees will not be collected by the Office until the petition is acceptable for submission and grant.

  • Request for Withdrawal as Attorney or Agent of Record (37 CFR 1.36)
  • Petition to Withdraw from Issue after Payment of the Issue Fee (37 CFR 1.313(c)(1) or (2))
  • Petition to Withdraw from Issue after Payment of the Issue Fee (37 CFR 1.313(c)(3))
  • Petition to Withdraw from Issue after Payment of the Issue Fee (37 CFR 1.313(c)(1) or (2) with Assigned Patent Number)
  • Petition to Withdraw from Issue after Payment of the Issue Fee (37 CFR 1.313(c)(3) with Assigned Patent Number)
  • Petition to Accept Late Payment of Issue Fee -Unintentional Late Payment (37 CFR 1.137(a))
  • Petition for Revival of an Application based on Failure to Notify the Office of a Foreign or International Filing (37 CFR 1.137(f))
  • Petition for Revival of an Application for Continuity Purposes Only (37 CFR 1.137(a))
  • Petition for Revival of an Abandoned Patent Application Abandoned Unintentionally(37 CFR 1.137(a)) (For Cases Abandoned After 1st Action and Prior to Notice of Allowance)
  • Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b))
  • Petition to Accept Unintentional Delayed Payment of the Maintenance Fee (37 CFR 1.378(b))
  • Petition to Make Special Based on Age (37 CFR 1.102)
  • Petition to Accept Unintentionally Delayed Payment of the Maintenance Fee (37 CFR 1.378(c))
     
  • ePetitions cannot be granted for petitions to revive an abandoned application if:
    • The US application number is for a provisional, design, reexamination, re-issue or, plant application.
    • The US application has issued as a patent.
    • A Notice of Abandonment has not been mailed by the Office.
    • The application has been abandoned for more than 2 years.
    • The reply being submitted with the petition is only an amendment filed after Final Rejection.
  • ePetitions cannot be granted for Reinstatement of an Expired Patent if:
    • The US Patent is expired for more than 2 years.

Patent Help - ePetitions - General

If all items are correctly filed, ePetitions are automatically granted at the time they are filed through EFS Web.