Who decides whether to institute a derivation proceeding?

The decision to institute a derivation proceeding is made by the Director of the United States Patent and Trademark Office (USPTO). As stated in MPEP 2310.01, which cites 35 U.S.C. 135(a)(1): “Whenever the Director determines that a petition filed under this subsection demonstrates that the standards for instituting a derivation proceeding are met, the Director…

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Can the Chief Administrative Patent Judge decide on petitions to review decisions of the Board?

No, the Chief Administrative Patent Judge does not have the authority to decide on petitions to review decisions of the Board. According to MPEP 1002.02(f), “Petitions to review decisions of the Board in patent cases are handled by the Deputy Commissioner for Patent Examination Policy.” This separation of duties ensures an independent review process for…

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What is the role of Technology Center Directors in the patent examination process?

Technology Center Directors play a crucial role in the patent examination process, particularly in reviewing certain decisions made by examiners. According to MPEP 715.08: Such petitions are answered by the Technology Center Directors (MPEP § 1002.02(c)). Specifically, Technology Center Directors are responsible for answering petitions filed under 37 CFR 1.181 that review an examiner’s decision…

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