Law - General Petition to the Commissioner

Disagreements between Examiners and applicants that cannot be resolved by negotiation are resolved at a higher level in the USPTO. Two procedures are used: appeals and petitions. The petition procedure is used to resolve all issues that do not concern the rejection of claims by the Examiner (e.g., an objection to the form of a claim). In general, a petition will be accepted by the Commissioner only after an applicant has requested that the Examiner reconsider his/her decision. In all but a few cases, a petition to the Commissioner must be filed within 2 months of the mailing date of the Office action complained of, which may be either a non-final Office action or a final Office action.

The position of the USPTO on this issue is described in the following section(s) of the Manual of Patent Examining Procedure (MPEP):

MPEP 1002 - Petitions to the Commissioner
MPEP 1002.01 - Procedure

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