View unanswered posts | View active topics It is currently 2018-08-14 14:05:46



Reply to topic  [ 4 posts ] 
 Petition Fee for Review of Restriction 
Author Message

Joined: 2012-03-22 19:51:32
Posts: 3
This is my first time petitioning to the Director regarding the finality of a restriction requirement.

However, I'm having a little trouble finding out whether a petition fee is required.

Does anyone on this board know whether I need to pay a petition fee?

In support of your answer, can you please also cite the relevant mpep section or CFR that says a petition fee isn't required.

Thanks in advance!


2012-03-22 19:57:03
Profile
Patent Practitioner

Joined: 2011-12-24 18:23:00
Posts: 104
It's nice, this is one of the few types of filings for which there is no fee. So petition early, petition often!

_________________
Only after final does the fun begin.
Everybody else's advice disclaimers are herein incorporated by reference.


2012-03-22 22:41:24
Profile

Joined: 2011-12-26 16:53:41
Posts: 117
patent_mw3 wrote:
This is my first time petitioning to the Director regarding the finality of a restriction requirement.

Huh. I've never heard the term "finality" applied to a restriction requirement, only to Office Actions. But I see the MPEP does use that language. (813.03(c)).

I know that you traverse first, then ask for reconsideration, then petition. That must be what "final" means ... Examiner maintained even after you requested reconsideration.

As for the fee, I'm not sure. No fee is mentioned in 1.144, and 1.17 seems to be a list of fees for specific types of petitions. Which may mean, through negative implication, that no fee is required for petitioning a restriction, since restriction does not appear on the list.

_________________
Karen Hazzah
Patent Prosecution blog "All Things Pros" http://allthingspros.blogspot.com/

The opinions expressed on this message board are mine and do not represent the views of my law firm, colleagues, or clients. My writings on this board are not legal advice and are offered for educational purposes only. No attorney-client relationship is created by my writings on this board.


2012-03-23 22:36:00
Profile WWW

Joined: 2012-03-22 19:51:32
Posts: 3
thanks for the replies. i believe there is no fee for the petition to review the restriction.


2012-03-27 11:19:25
Profile
Display posts from previous:  Sort by  
Reply to topic   [ 4 posts ] 

Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Mi 1st OA Response, I want review & counsel from an Attorney

Mago

0

2423

2013-05-31 14:06:54

Mago View the latest post

There are no new unread posts for this topic. Restriction practice

bspat

4

3901

2013-04-08 16:18:46

bspat View the latest post

There are no new unread posts for this topic. Restriction requirement on final - proper?

Robert K S

3

3723

2012-07-13 14:25:11

khazzah View the latest post

There are no new unread posts for this topic. Restriction - Examiner's Withdrwal of Claims After Election

bspat

1

2607

2013-04-17 20:40:49

cpa34 View the latest post

 


Who is online

Users browsing this forum: Bing [Bot] and 3 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum

Search for:
Jump to: