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…
Read MoreWhat 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…
Read MoreHow does the Solicitor handle petitions for extension of time in court matters?
The Solicitor is responsible for deciding petitions for extension of time in specific court matters related to patent cases. According to MPEP 1002.02(k)(3), these petitions pertain to: “Petitions for extension of time in court matters 35 U.S.C. 142 , 145 , and 146 .” These U.S. Code sections refer to: 35 U.S.C. 142: Notice of…
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 MoreWhat are ex parte questions in patent cases before the Federal Circuit?
Ex parte questions in patent cases before the Court of Appeals for the Federal Circuit refer to issues or matters that involve only one party, typically the patent applicant or patent owner. According to MPEP 1002.02(k)(3), the Solicitor decides on “Petitions relating to ex parte questions in cases before the Court of Appeals for the…
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