IPLA – International Patent Legal Administration
OPET – Office of Petitions
TC – Technology Center
Generally available
Petition type | Average days pending of decided petitions | Median days pending of decided petitions | Grant rate percentage | Deciding office | ePetition option |
|---|---|---|---|---|---|
| 259 - Relating to refund and fee problems | 124 | 48 | 69%* | IPLA | |
| 504 - Review of TC Director's petition decision under 37 CFR 1.181 | 132 | 81 | 9%* | OPET | |
| 515 - To invoke supervisory authority for non-patent examining related matters (37 CFR 1.181) | 127 | 88 | 60% | OPET | |
| 520 - Questions not specifically provided for in the regulations (37 CFR 1.182) | 172 | 170.5 | 49% | OPET | |
| 610 - Invoking authority of commissioner under 37 CFR 1.181. Not specified in codes 611-617. MPEP general information and correspondence. | 92 | 33%* | TC | ||
| 699 - For matters before Technology Center (37 CFR 1.181 MPEP 1002.02(c)(2)) | 124 | 124 | 100%* |
Prior to examination
Petition type | Average days pending of decided petitions | Median days pending of decided petitions | Grant rate percentage | Deciding office | ePetition option |
|---|---|---|---|---|---|
| 262 - To invoke supervisory authority in an international application - 37 CFR 1.181 | 95 | 41 | 15%* | IPLA | |
| 270 - Relating to national stage application | 117 | 61 | 51%* | IPLA | |
| 274 - To invoke supervisory authority in national stage - 37 CFR 1.181 | 83 | 58 | 46%* | IPLA | |
| 276 - To decide matters before the Deputy Commissioner for Patents in national stage (IPLA) | 48 | 25 | 95% | IPLA | |
| 284 - To decide matters before the Deputy Commissioner for Patents in international stage (37 CFR 1.182) | 65 | 34 | 52%* | IPLA | |
| 299 - For other matters before the international division | None | None | IPLA | ||
| Please scroll to the top of this page to view other petition types that are available during this stage. | |||||
After close of prosecution
| Petition type | Average days pending of decided petitions | Median days pending of decided petitions | Grant rate percentage | Deciding office | ePetition option |
|---|---|---|---|---|---|
| 608 - To reopen after a Patent Trial and Appeal Board (PTAB) decision (37 CFR 1.198, MPEP 1002.02(d)) | None | None | TC | ||
| 609 - For review of final restriction requirement (37 CFR 1.144, MPEP 818.03(c)) | 52 | 71%* | TC | ||
| 611 - Relating to prematureness of final rejection (37 CFR 1.181, MPEP 706.07c) | 66 | 47% | TC | ||
| 622 - Concerning appeal application before transfer of jurisdiction to Patent Trial and Appeal Board (PTAB) (MPEP 1206, MPEP 1002) | 108 | 33%* | TC | ||
| Please scroll to the top of this page to view other petition types that are available during this stage. | |||||
*Infrequently filed petition
Displayed are the 12-month rolling average and median values. When the median value is significantly different from the average value, the median value will better represent when a particular category of a petition has been decided. This is because a small number of outliers can disproportionately impact the average value. The values exclude ePetitions.
The data is current as of June 1, 2022, and is updated quarterly.