What types of petitions can Technology Center Directors decide?
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…
Read MoreWhat types of petitions can the Director of the Technology Center who Oversees Licensing and Review decide?
The Director of the Technology Center who Oversees Licensing and Review has the authority to decide several types of petitions, including: Petitions to extend time for taking action in U.S.-owned applications important to national defense Petitions to suspend action in U.S.-owned applications where publication might be detrimental to public safety or defense Petitions for foreign…
Read MoreWho decides petitions related to Patent Trial and Appeal Board proceedings?
Petitions related to Patent Trial and Appeal Board (PTAB) proceedings are generally decided by the Chief Administrative Patent Judge or other PTAB officials. According to MPEP 1002.02(f): “The Chief Administrative Patent Judge is authorized to re-delegate authority to decide any of these petitions or matters to the Deputy Chief Administrative Patent Judge, to a Vice…
Read MoreWhat types of petitions are decided by the Solicitor in patent matters?
According to MPEP 1002.02(k)(3), the Solicitor decides two main types of petitions: Petitions for extension of time in court matters related to 35 U.S.C. 142, 145, and 146 Petitions relating to ex parte questions in cases before the Court of Appeals for the Federal Circuit The MPEP states: “1. Petitions for extension of time in…
Read MoreHow do Supervisory Patent Examiners handle petitions to correct inventorship in patents?
Supervisory Patent Examiners are responsible for handling petitions to correct inventorship in patents that are not involved in an interference. The MPEP specifies: “Petitions under 37 CFR 1.324 to correct errors in joining inventors in a patent that is not involved in an interference, MPEP § 1481.02.” This authority allows Supervisory Patent Examiners to address…
Read MoreWhat types of petitions are decided by the Patent Trial and Appeal Board?
The Patent Trial and Appeal Board (PTAB) decides various types of petitions related to patent examination and post-grant proceedings. These include: Requests in reply briefs and oral hearings to consider new arguments Petitions to institute trials (e.g., inter partes review, post-grant review) Motions related to interference or trial proceedings Requests for additional discovery Motions to…
Read MoreWhat types of petitions are decided by the Director of International Patent Legal Administration?
The Director of International Patent Legal Administration decides various types of petitions related to international patent applications and national stage applications. These include: Petitions to withdraw notices of acceptance or filing receipts for national stage applications under 35 U.S.C. 371 Petitions for withdrawal of attorney or agent of record in PCT proceedings Petitions for access…
Read MoreHow can I extend the time for taking action on a U.S.-owned application important to national defense?
To extend the time for taking action on a U.S.-owned application important to national defense, you need to file a petition under 35 U.S.C. 267. This petition is decided by the Director of the Technology Center who Oversees Licensing and Review. According to MPEP 1002.02(c)(1): “All petitions filed under 35 U.S.C. 267 to extend the…
Read MoreWhat types of petitions are decided by the Deputy Commissioner who oversees the Office of Petitions?
The Deputy Commissioner who oversees the Office of Petitions or assigned staff in the Office of Petitions, the Office of Patent Legal Administration, and the MPEP Staff Office decide on various types of petitions, including: Petitions to revive abandoned applications Petitions for waiver or suspension of rules Petitions to invoke supervisory authority Petitions for unintentionally…
Read MoreWhat petitions are decided by the Director of the Central Reexamination Unit (CRU)?
The Director of the Central Reexamination Unit (CRU) decides on several types of petitions related to ex parte and inter partes reexamination proceedings. According to MPEP 1002.02(c)(4), these include: Petitions for extension of time in ex parte and inter partes reexamination proceedings, except those related to court actions Petitions under 37 CFR 1.182 and 1.183…
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