Modernization of EFS-Web

Permit e-filing of Petitions to Revive after Final Rejection

A Petition to Revive can be e-filed by completing a form online and receiving an instantaneous grant if all formal conditions are met. One exception to this type of filing is if a Response has been filed under 37 CFR 1.116 after a final rejection. The system requires regular filing of the petition after a final rejection. Why? This makes no sense. It requires more effort on the part of the PTO to have a Petitions Examiner evaluate the petition and it causes unnecessary delays for Applicant to receive a decision. Petition Examiners do not have the authority to decide sufficiency of a Response under 37 CFR 1.116 without consulting with the Patent Examiner. Why not permit e-filing of the petition, and have the system automatically grant the petition if all formal requirements are met. On the rare occasion that the Patent Examiner finds the Response to be insufficient, a two month period could be set for correction of the Response or have the petition grant vacated.

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Idea No. 311