What happens if there is a vacancy in the Deputy Director position?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

In the event of a vacancy in the Deputy Director position, the MPEP provides a clear procedure:

“If there is a vacancy in the position of Deputy Director of the USPTO, decisions on these petitions will be signed by the Director of the USPTO.”

This ensures continuity in the decision-making process for important petitions and appeals, with the Director of the USPTO stepping in to fulfill the Deputy Director’s responsibilities in their absence.