Patent Petitions Related to Application and Reexamination Processing Fees

The United States Patent and Trademark Office (USPTO) is required by 35 U.S.C. § 131 et seq. to examine an application for patent and, when appropriate, issue a patent. The USPTO is also required to publish patent applications, with certain exceptions, promptly after the expiration of a period of eighteen months from the earliest filing date for which a benefit is sought under Title 35, United States Code ("eighteen-month publication"). Many actions taken by the USPTO during its examination of an application for patent or for reissue of a patent, or during its reexamination of a patent, are subject to review by an appeal to the Board of Patent Appeals and Interferences. For other USPTO actions, review is in the form of administrative review obtained via a petition. These petitions also allow patent applicants or owners an opportunity to supply additional required information. The fees for the requirements in this collection have been moved into 0651-0072 America Invents Act Section 10 Patent Fee Adjustments (approved by OMB in January 2013). The USPTO is submitting this request to remove the fees from this collection to avoid double-counting them. This request only removes the affected fees from the annual (non-hour) cost burden. The items and other burden information remain in 0651-0059. The collection's name has been changed from "Patent Petitions formerly requiring a fee" to the new name which denotes the specific types of fees that these petitions relate to.

The latest form for Patent Petitions Related to Application and Reexamination Processing Fees expires 2021-01-31 and can be found here.

Petitions (corresponding to the fee) under 37 CFR 1.17(f) (accord filing dates under 1.57(a) and 1.153(d), decisions on questions not provided for, suspend rules)

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