What is the process for appealing a FOIA Officer’s decision at the USPTO?

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’re unsatisfied with a FOIA Officer’s decision regarding your Freedom of Information Act request at the USPTO, you can file an administrative appeal. The MPEP 1002.02(k)(2) states that the Office of General Law is responsible for deciding “2. Administrative appeals of the FOIA Officer’s decision.”

To appeal a FOIA decision:

• Submit your appeal in writing within 90 days of the FOIA Officer’s decision
• Address your appeal to the Office of General Law
• Clearly state that you’re appealing a FOIA decision
• Include a copy of your original request and the response you received
• Explain why you believe the initial decision was incorrect

The Office of General Law will review your appeal and make a final determination on your FOIA request.