Can the Solicitor provide legal advice on petitions?

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.

Yes, the Solicitor’s Office can provide legal advice on petitions. The MPEP 1002.02(k)(3) explicitly states:

“The Office of the Solicitor is available to render legal advice to any deciding official in connection with any petition.”

This means that the Solicitor’s Office can offer legal guidance to USPTO officials who are responsible for making decisions on various types of petitions, ensuring that these decisions are legally sound and consistent with patent law and procedures.

Tags: legal advice, petitions, solicitor, uspto officials