Who has the authority to decide petitions to the Director of the USPTO?
According to MPEP 1002.02, various officials have been delegated authority to decide different types of petitions to the Director of the USPTO. For example:
- The Deputy Commissioner for Patents who oversees the Office of Petitions decides many types of petitions, including petitions to revive abandoned applications and petitions for unintentionally delayed priority claims.
- Technology Center Directors decide petitions related to requirements for restriction, premature final rejections, and other matters arising during examination.
- The Chief Administrative Patent Judge decides certain petitions related to Patent Trial and Appeal Board proceedings.
The MPEP states: “Authority not herein delegated has been reserved to the Director of the USPTO and may be delegated to appropriate officials on an ad hoc basis.”
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