37 CFR § 1.191 — Appeal to Patent Trial and Appeal (MPEP Coverage Index) – BlueIron IP

37 CFR § 1.191 Appeal to Patent Trial and Appeal

Source: Patent Rule (37 CFR)BlueIron Update:
1 Rules1 Verbatim

This page consolidates MPEP guidance interpreting 37 CFR § 1.191, including 1 rules 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.

Summary

37 CFR 1.191 provides a mechanism for petitioning the USPTO Director to review non-appealable ex parte actions in patent applications through supervisory authority under 37 CFR 1.181.

What this section covers

  • The scope of supervisory authority for reviewing ex parte patent application actions that cannot be directly appealed.
  • The role of the USPTO Director in examining and potentially resolving examiner actions through petition mechanisms.

Key obligations

  • Petitions must specifically relate to non-appealable ex parte actions within patent applications.
  • Petitions must be filed through proper administrative channels.

Practice notes

  • Carefully document the specific examiner action being challenged in the supervisory authority petition.
  • Recognize that supervisory authority petitions represent a limited remedy for addressing non-appealable actions.

Based on MPEP Last Modified: 10/30/2024 08:50:22