Home > Patent Bar MPEP Breakdown > MPEP 1000
MPEP 1000
Matters Decided by Various U.S. Patent and Trademark Office Officials
Brief Summary:
An applicant dissatisfied with a decision made by the PTO may file either a petition to the Commissioner or an appeal to the Patent Trial and Appeal Board.
The three rules presented in this chapter summarize petitionable disputes. These include; petitions to the Commissioner, petitions relating to questions not specifically provided for, and finally, petitions for the suspension of rules.
Key Terms:
| Extension of Time | An extension of time is a request made to the patent office to obtain additional time beyond the standard deadlines to respond to official actions or requirements during the patent application process. |
| Petitions to the Director | Petitions to the Director are formal requests submitted to the Director of the patent office seeking a specific administrative action or decision on procedural matters related to a patent application. |
| Suspension of Rules | Suspension of rules refers to a discretionary action by the patent office to temporarily waive or modify certain procedural requirements or deadlines in specific circumstances, often to accommodate unique situations or hardships faced by the applicant. |
37 CFR (Code of Federal Regulations):
| 37 CFR 1.181 – Petition to the Director. |
| 37 CFR 1.181 allows applicants to petition the Director of the United States Patent and Trademark Office to review decisions made by patent examiners or other officials, typically concerning procedural matters or issues not directly appealable to the Patent Trial and Appeal Board. |
| 37 CFR 1.182 – Questions not specifically provided for. |
| 37 CFR 1.182 provides a mechanism for addressing questions or situations in patent proceedings that are not specifically covered by existing regulations, allowing applicants to seek guidance or decisions from the United States Patent and Trademark Office. |
Quick Statistics:
Number of Pages: 21 pgs
Sections: 1001 – 1005
List of Sections:
| 1001 | Statutory Authority of Director of the USPTO | |
| • 1001.01 Modes of Exercising Authority | ||
| 1002 | Petitions to the Director of the USPTO | |
| • 1002.01 Procedure • 1002.02 Delegation of Authority To Decide Petitions | ||
| • 1002.02(a) [Reserved] • 1002.02(b) Petitions and Requests Decided by the Deputy Commissioner Who Oversees the Office of Petitions or Assigned Staff in the Office of Petitions, the Office of Patent Legal Administration and the MPEP Staff Office • 1002.02(c) Petitions and Requests Decided by the Technology Center Directors | ||
| • 1002.02(c)(1) Petitions Decided by the Director of the Technology Center Who Oversees Licensing and Review • 1002.02(c)(2) [Reserved] • 1002.02(c)(3) Petitions and Requests Decided by the Director of Technology Center 2900 • 1002.02(c)(4) Petitions Decided in the Central Reexamination Unit | ||
| • 1002.02(d) Petitions and Matters Decided by Supervisory Patent Examiners • 1002.02(e) [Reserved] • 1002.02(f) Petitions and Matters Decided by the Chief Administrative Patent Judge of the Patent Trial and Appeal Board • 1002.02(g) Petitions Decided by the Administrative Patent Judges • 1002.02(h) [Reserved] • 1002.02(i) Petitions Decided by the Commissioner for Trademarks • 1002.02(j) Petitions Decided by the Patent Trial and Appeal Board | ||
| • 1002.02(k) Matters Decided by the General Counsel, the Office of General Law and the Solicitor • 1002.02(k)(1) Petitions and Matters Decided by the General Counsel • 1002.02(k)(2) Requests Decided by the Office of General Law • 1002.02(k)(3) Petitions Decided by the Solicitor | ||
| • 1002.02(l) Requests Decided by the Certificates of Correction Branch • 1002.02(m) Petitions Decided by the Director of the Office of Enrollment and Discipline • 1002.02(n) [Reserved] • 1002.02(o) Petitions and Other Matters Decided by the Deputy Director of the USPTO • 1002.02(p) Petitions and Matters Decided by the Director of International Patent Legal Administration • 1002.02(q) Petitions and Requests Decided by the Director of Office of Patent Application Processing (OPAP) • 1002.02(r) Petitions Decided by the Director of Office of Data Management • 1002.02(s) Petitions and Matters Decided in the Technology Centers • 1002.02(t) Requests Decided by the Deputy Commissioner for Patents who oversees the Office of Patent Information Management | ||
| 1003 | Matters Submitted to Technology Center Directors | |
| 1004 | Actions Which Require the Attention of a Primary Examiner | |
| 1005 | Exceptions to Partial Signatory Authority |