Can the Solicitor provide legal advice on petitions?

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…

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What interlocutory actions can the Solicitor take in the petition process?

The MPEP grants the Solicitor authority to take various interlocutory actions to facilitate the prompt disposition of petitions. Specifically: “The Solicitor is authorized to take any interlocutory action, i.e., extending times for filing oppositions and seeking judicial review, obtaining agreement on facts from the parties, etc., as may be necessary to promptly dispose of the…

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