Go to TMEP - Table of Contents

Chapter 1700
Petitions, Requests for Reinstatement, and Other Matters Submitted to Director

1701 Statutory Authority of Director

1702 Petitions to the Director Under 37 C.F.R. §2.146 - In General

1703 Specific Types of Petitions

1704 Petitionable Subject Matter

1705 Petition Procedure

1705.01 Standing

1705.02 Petition Fee

1705.03 Evidence and Proof of Facts

1705.04 Timeliness

1705.05 Due Diligence

1705.06 Stay or Suspension of Pending Matters

1705.07 Signature of Petition

1705.08 Request for Reconsideration of Denial of Petition

1705.09 Appeal to Federal Court

1706 Standard of Review on Petition

1707 Director’s Supervisory Authority Under 37 C.F.R. §2.146(a)(3)

1708 Waiver of Rules

1709 Matters Delegated by Director

1710 Petition to Make Special

1710.01 Basis for Granting or Denying Petition

1710.02 Processing Petition

1710.03 Submitting Petition

1711 Review of Denial of Filing Dates

1712 Reinstatement of Applications and Registrations

1712.01 Reinstatement of Applications Abandoned Due to Office Error

1712.02 Reinstatement of Registrations Cancelled or Expired Due to Office Error

1712.02(a) Request for Reinstatement

1712.02(b) Formal Petition

1713 Petition to Reverse Holding of Abandonment for Incomplete Response

1713.01 Standard of Review

1713.02 Nonreceipt of Action Granting Additional Time to Perfect Response

1714 Petition to Revive Abandoned Application

1714.01 Procedural Requirements for Filing Petition to Revive

1714.01(a) Failure to Timely Respond to an Examining Attorney’s Office Action

1714.01(a)(i) Response to Nonfinal Office Action

1714.01(a)(ii) Response to Final Office Action

1714.01(b) Failure to File a Statement of Use or Extension Request - Notice of Allowance Received

1714.01(b)(i) Applicant Must File Statement of Use or Further Extension Requests During Pendency of a Petition

1714.01(c) Notice of Allowance Not Received

1714.01(d) Timeliness and Diligence

1714.01(e) Signed Statement That Delay Was Unintentional

1714.01(f) Applicability of Unintentional Delay Standard

1714.01(f)(i) Situations Where the Unintentional Delay Standard Applies

1714.01(f)(ii) Situations Where the Unintentional Delay Standard Does Not Apply

1714.01(g) Request for Reconsideration of Denial of Petition to Revive

1715 Letters of Protest in Pending Applications

1715.01 Appropriate and Inappropriate Subjects to be Raised in Letter of Protest

1715.01(a) Issues Appropriate as Subject of Letter of Protest

1715.01(b) Issues Inappropriate as Subject of Letter of Protest

1715.02 Letter of Protest Filed Before Publication

1715.02(a) Standard of Review for Letter of Protest Filed Before Publication

1715.02(b) Action by Examining Attorney Before Publication

1715.03 Letters of Protest Filed After Publication

1715.03(a) Standard of Review for Letters of Protest Filed After Publication

1715.03(b) Timely Filing of Letter of Protest

1715.03(c) Jurisdiction of Application When a Letter of Protest Is Granted After Publication

1715.03(d) Action by Examining Attorney After Publication

1715.03(e) Letter of Protest Does Not Stay or Extend Opposition Period

1715.04 Information for Parties Filing Letter of Protest

1715.04(a) Submitting Letter of Protest

1715.04(b) Tracking of Letters of Protest by the Protestor

1715.05 Requests for Copies of Letters of Protest

1715.06 Recourse After Denial of Letter of Protest