What is the role of the USPTO Solicitor in patent litigation?
The USPTO Solicitor plays a crucial role in patent litigation, particularly in cases involving the USPTO or appeals of USPTO decisions. Based on MPEP 1002.02(k)(3), the Solicitor’s responsibilities include:
- Deciding on petitions for extension of time in court matters related to 35 U.S.C. 142, 145, and 146
- Handling petitions relating to ex parte questions in cases before the Court of Appeals for the Federal Circuit
- Providing legal advice to USPTO officials on various petitions
The Solicitor’s Office represents the USPTO in court proceedings, particularly before the Federal Circuit, and helps ensure that the USPTO’s positions are effectively presented and defended in litigation. This role is essential in maintaining consistency in patent law interpretation and application across different cases and forums.
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