What types of petitions can Technology Center Directors decide?

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.

Technology Center Directors have the authority to decide various petitions and requests related to patent applications and examination procedures. Some key examples include:

  • Petitions to reopen prosecution after a Patent Trial and Appeal Board decision
  • Petitions against final decisions requiring restriction
  • Petitions invoking supervisory authority under 37 CFR 1.181
  • Requests for extensions of shortened statutory periods
  • Petitions to reinstate dismissed appeals

As stated in the MPEP: “Petitions invoking the supervisory authority of the Director of the USPTO under 37 CFR 1.181 involving any ex parte action or requirement in a patent application by the examiner which is not subject to appeal (37 CFR 1.191) and not otherwise provided for

Tags: patent prosecution, petitions, Technology Center Directors, USPTO