MPEP § 1002.02(k)(1) — Petitions and Matters Decided by the General Counsel (Annotated Rules)
§1002.02(k)(1) Petitions and Matters Decided by the General Counsel
This page consolidates and annotates all enforceable requirements under MPEP § 1002.02(k)(1), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Petitions and Matters Decided by the General Counsel
This section addresses Petitions and Matters Decided by the General Counsel. Primary authority: 35 U.S.C. 122, 35 U.S.C. 32, and 37 CFR 90.3(c). Contains: 5 statements.
Key Rules
Testimony Request Procedures
3. Petitions under 37 CFR 11.2(d) from a final decision of the Director of the Office of Enrollment and Discipline, regarding enrollment or recognition.
4. Petitions under 37 CFR 11.2(e) from a final decision of the Director of the Office of Enrollment and Discipline, regarding disciplinary matters.
SIR Patent Rights Waiver
1. Requests for confidentiality waiver under 35 U.S.C. 122.
Notice of Appeal Filing
2. Petitions (under 37 CFR 90.3(c) or 37 CFR 2.145(e)) seeking to extend the time for filing a notice of appeal to the U.S. Court of Appeals for the Federal Circuit or for commencing a civil action seeking judicial review of a decision of the Patent Trial and Appeal Board or the Trademark Trial and Appeal Board.
Practitioner Discipline
5. Appeals under 37 CFR 11.55 of initial decisions of hearing officers and requests for reconsideration under 37 CFR 11.56(c) in proceedings under 35 U.S.C. 32 in which the Director of the Office of Enrollment and Discipline seeks to exclude or suspend a practitioner from practice before the United States Patent and Trademark Office.
Citations
| Primary topic | Citation |
|---|---|
| SIR Patent Rights Waiver | 35 U.S.C. § 122 |
| Practitioner Discipline | 35 U.S.C. § 32 |
| Testimony Request Procedures | 37 CFR § 11.2(d) |
| Testimony Request Procedures | 37 CFR § 11.2(e) |
| Practitioner Discipline | 37 CFR § 11.55 |
| Practitioner Discipline | 37 CFR § 11.56(c) |
| Notice of Appeal Filing | 37 CFR § 2.145(e) |
| Notice of Appeal Filing | 37 CFR § 90.3(c) |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 1002.02(k)(1) — Petitions and Matters Decided by the General Counsel
Source: USPTO1002.02(k)(1) Petitions and Matters Decided by the General Counsel [R-07.2015]
1. Requests for confidentiality waiver under 35 U.S.C. 122.
2. Petitions (under 37 CFR 90.3(c) or 37 CFR 2.145(e)) seeking to extend the time for filing a notice of appeal to the U.S. Court of Appeals for the Federal Circuit or for commencing a civil action seeking judicial review of a decision of the Patent Trial and Appeal Board or the Trademark Trial and Appeal Board.
3. Petitions under 37 CFR 11.2(d) from a final decision of the Director of the Office of Enrollment and Discipline, regarding enrollment or recognition.
4. Petitions under 37 CFR 11.2(e) from a final decision of the Director of the Office of Enrollment and Discipline, regarding disciplinary matters.
5. Appeals under 37 CFR 11.55 of initial decisions of hearing officers and requests for reconsideration under 37 CFR 11.56(c) in proceedings under 35 U.S.C. 32 in which the Director of the Office of Enrollment and Discipline seeks to exclude or suspend a practitioner from practice before the United States Patent and Trademark Office.
6. All contested decisions involving the Office of Enrollment and Discipline.