How are petitions to the Director of the USPTO handled?
Petitions to the Director of the USPTO from actions taken by the Patent Trial and Appeal Board (PTAB) are handled through a specific process, as outlined in the MPEP:
- The Deputy Director of the USPTO is delegated the authority to decide these petitions, except for matters delegated to other PTAB officials.
- Upon receipt, the entire petition file is forwarded to the Office of the Solicitor.
- The Solicitor reviews the petition and prepares a draft decision for the Deputy Director or Director.
- The Solicitor may take interlocutory actions to facilitate prompt disposition of the petition.
This process ensures that high-level petitions are thoroughly reviewed and decided by appropriate authorities within the USPTO.
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