Who considers petitions to defer issuance of a patent?
The MPEP provides information on who reviews petitions to defer patent issuance: “The petition to defer is considered at the time the petition is correlated with the application file before the appropriate deciding official (MPEP § 1002.02(b)).” This means that the petition is reviewed by a designated deciding official within the USPTO. The specific official…
Read MoreCan 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 MoreWho are considered “Board members” according to USPTO regulations?
According to 37 CFR 41.2, the term “Board member” has a specific definition in the context of the Patent Trial and Appeal Board (PTAB). The MPEP states: “Board member” means the Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office, the Deputy Under Secretary of Commerce for Intellectual…
Read MoreWhat is the process for incorporating new legal interpretations into USPTO policy?
The process for incorporating new legal interpretations into USPTO policy involves several steps and key officials. According to MPEP 1721: “It may be necessary for the Director, General Counsel, Solicitor, Chief Administrative Patent Judge, Commissioner for Patents, one or more Deputy Commissioners for Patents and TC Director making the recommendation to meet to review and…
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