ePetition resource page

An ePetition is an electronically filed petition that automates the petition process and allows petitioners to directly input the requisite information into a secure web interface and immediately receive an ePetition decision if all requirements are met. 

Faster Petition Processing - Filing an ePetition allows direct input of the requisite filing information into a secure web interface and immediately receiving an ePetition grant. Delays associated with manually processed petitions are avoided.

Immediate Petition Grant upon Submission - Submitted ePetitions are autoprocessed and immediately granted upon submission if all requirements are met. The auto-granting of submitted ePetitions is advantageous for time sensitive petitions.

Instant Feedback on Requirements - Feedback is immediately provided throughout the ePetition filing process to assist in meeting all filing requirements necessary for compliance with petition rules and to assure that fees will not be collected by the office until the petition is acceptable for submission and grant. 

• Request for Withdrawal as Attorney or Agent of Record (37 CFR 1.36)
• Petition to Withdraw from Issue after Payment of the Issue Fee (37 CFR 1.313(c)(1) or (2))
• Petition to Withdraw from Issue after Payment of the Issue Fee (37 CFR 1.313(c)(3))
• Petition to Withdraw from Issue after Payment of the Issue Fee (37 CFR 1.313(c)(1) or (2) with Assigned Patent Number)
• Petition to Withdraw from Issue after Payment of the Issue Fee (37 CFR 1.313(c)(3) with Assigned Patent Number)
• Petition to Accept Late Payment of Issue Fee -Unintentional Late Payment (37 CFR 1.137(a))
• Petition for Revival of an Application based on Failure to Notify the Office of a Foreign or International Filing (37 CFR 1.137(f))
• Petition for Revival of an Application for Continuity Purposes Only (37 CFR 1.137(a))
• Petition for Revival of an Abandoned Patent Application Abandoned Unintentionally(37 CFR 1.137(a)) (For Cases Abandoned After 1st Action and Prior to Notice of Allowance)
• Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b))
• Petition to Accept Unintentional Delayed Payment of the Maintenance Fee (37 CFR 1.378(b))
• Petition to Make Special Based on Age (37 CFR 1.102)
• Petition to Accept Unintentionally Delayed Payment of the Maintenance Fee (37 CFR 1.378(c)) 

For Petition to Make Special Based on Age (37 CFR 1.102) and Petition to Accept Unintentionally Delayed Payment of the Maintenance Fee (37 CFR 1.378(c)) a user may file them as an unregistered user of the USPTO patent electronic filing system.

For all other ePetitions, the filer must be a registered user of the USPTO patent electronic filing system.

Users are strongly advised to transmit their electronic filings sufficiently early in the day to allow time for alternative paper filing when transmission cannot be initiated or correctly completed.

Specific ePetition filing requirements may be found in the Web-based ePetition Quick Start Guide or by clicking the appropriate link in the above listing of web-based ePetitions.

If all items are correctly filed, ePetitions are automatically granted at the time they are filed. 

Yes, an ePetition can be filed subsequent to a non-ePetition petition. The fee must be paid again to process an ePetition. However, the fee paid on the non-ePetition petition may be refunded under 37 CFR 1.26 upon request. 

The patent electronic filing system is a web-based system accessible through the Electronic Business Center (EBC). The patent electronic filing system allows for filing a petition either electronically or through an ePetition option. Petitions that are filed electronically, but not through the ePetition option, will not benefit from ePetition's immediate petition decision or instant feedback on requirements.

To file an ePetition, the radio button next to “ePetition (for automatic processing and immediate grant, if all petitions requirements are met)” needs to be selected as a Type of Submission for Existing Application/Processing.  A web-based ePetition will be completely fillable online through screens in the patent electronic filing system. Please see Web-based ePetition Quick Start Guide [PDF] for reference.

If you have any questions or concerns regarding filing in the patent electronic filing system, please contact the Patent EBC Monday ‐ Friday, from 6:00 a.m. to midnight Eastern Time, by email ebc@uspto.gov or telephone 866‐217‐9197. 

A successful ePetition submission will result in a generated Electronic Acknowledgement Receipt and Grant Letter. Petitioners should verify that the information on the Electronic Acknowledgement Receipt and Grant Letter is complete and accurate, as proof that the ePetition submission was successful.

If an ePetition has been submitted but a completed Electronic Acknowledgement Receipt and Grant Letter is not received, contact the Electronic Business Center at 866‐217‐9197. An attempt to submit the ePetition again may be required. If the second attempt to file the ePetition fails, a paper version of the petition should be filed for review by the Office of Petitions.

If the petition is an urgent petition to Withdraw from Issue and, patent issuance is imminent, a paper petition may be faxed to the Office of Petitions at 571-273-0025. It is recommended to follow up with the Office of Petitions by calling the Office of Petitions Help Desk at 571-272-3282. 

• ePetitions cannot be granted for petitions to revive an abandoned application if:
  • The US application number is for a provisional, design, reexamination, re-issue, or plant application.
  • The US application has issued as a patent.
  • A Notice of Abandonment has not been mailed by the office.
  • The application has been abandoned for more than 2 years.
  • The reply being submitted with the petition is only an amendment filed after Final Rejection.
• ePetitions cannot be granted for Reinstatement of an Expired Patent if:
  • The US Patent is expired for more than 2 years.