What petitions are decided by the USPTO Solicitor?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

The USPTO Solicitor is responsible for deciding on specific types of petitions, primarily related to court matters. According to MPEP 1002.02(k)(3), these include:

  • Petitions for extension of time in court matters under 35 U.S.C. 142, 145, and 146
  • Petitions relating to ex parte questions in cases before the Court of Appeals for the Federal Circuit

Additionally, the MPEP states: “The Office of the Solicitor is available to render legal advice to any deciding official in connection with any petition.” This highlights the Solicitor’s role in providing legal guidance on petition-related matters throughout the USPTO.

Tags: court matters, ex parte questions, legal advice, time extensions, uspto solicitor