This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
If you wish to seek supervisory review of a decision on a petition under 37 CFR 1.181(a)(1) in reexamination proceedings, you can file a petition requesting such review. The MPEP states:
“See MPEP § 1002.02(c), item 3, for petitions seeking supervisory review of prior decisions of petitions under 37 CFR 1.181(a)(1).”
This means that the process for seeking supervisory review is outlined in MPEP § 1002.02(c), specifically under item 3. It’s important to note that this applies to prior decisions on petitions, indicating that there is a hierarchical review process in place for petition decisions in reexamination proceedings.