1002.02(c)   Petitions and Requests Decided by the Technology Center Directors [R-2]

1. Petitions or requests to reopen prosecution of patent applications or to reinstate a rejection after decision by the Board of Patent Appeals and Interferences under 37 CFR 1.198, where no court action has been filed, MPEP § 1214.04 and § 1214.07.

2. Petitions from a final decision of examiner requiring restriction in patent applications, 37 CFR 1.144, MPEP § 818.03(c), or holding lack of unity of invention in an international application, 37 CFR 1.477  and 1.489, MPEP § 1875.02.

3. Petitions invoking the supervisory authority of the Director of the USPTO under 37 CFR 1.181  involving any ex parte action or requirement in a patent application by the examiner which is not subject to appeal (37 CFR 1.191 ) and not otherwise provided for, as for example:

(a) prematureness of final rejection, MPEP § 706.07(c);

(b) holding of abandonment, MPEP § 711.03(c);

(c) requirement to cancel "new matter" from specification, MPEP § 608.04(c);

(d) relative to formal sufficiency and propriety of affidavits under 37 CFR 1.131  (MPEP § 715.08), 1.132 (MPEP § 716) and 1.608, MPEP § 2308 - § 2308.02;

(e) refusal to initiate an interference under 37 CFR 1.601(i), MPEP § 2306;

(f) refusal to enter an amendment under 37 CFR 1.312, MPEP § 714.16(d);

(g) refusal to enter an amendment, 37 CFR 1.127, MPEP § 714.19;

(h) refusal to enter an amendment under 37 CFR 1.111  or 37 CFR 1.115, MPEP § 714.03(a);

(i) resetting period for reply, MPEP § 710.06; and

(j) requirement for information under 37 CFR 1.105, MPEP § 704.11.

4. Petitions under 37 CFR 1.113  relating to objections or requirements made by the examiners.

5. Petitions for return of original oaths of patent applications, MPEP § 604.04(a).

6. Requests for extensions of a set shortened statutory period under 37 CFR 1.136(b)  in applications pending in the Technology Center, MPEP § 710.02(e).

7. Petitions under 37 CFR 1.193(a)  relating to the form of the appeal.

8. Petitions concerning appealed patent applications or ex parte reexamination proceedings before transfer of jurisdiction to the Board of Patent Appeals and Interferences (e.g., extension of time under 37 CFR 1.136(b)  or 37 CFR 1.550(c)  for filing an appeal brief), MPEP § 1206.

9. Request by applicant for a second or subsequent suspension of action in patent applications under 37 CFR 1.103, MPEP § 709.

10. Petitions from refusal to issue a Certificate of Correction for a patent not involved in an interference, 37 CFR 1.181, MPEP § 1480 - § 1485.

11. Petitions to reinstate appeals dismissed in the Technology Center.

12. Petitions from the denial of a request for reexamination, 37 CFR 1.515, MPEP § 2248.

13. Requests for extension of time in ex parte reexamination proceedings pending in the Technology Center, 37 CFR 1.550  (c).

14. Petitions under 37 CFR 1.129(b) (2) traversing a restriction requirement made in an application which is subject to the transitional restriction provisions, MPEP § 803.03.

15. Petitions to convert a nonprovisional application filed under 37 CFR 1.53(b)  to a provisional application under 37 CFR 1.53(c)  where the nonprovisional application is before the Technology Center.

16. Requests for interviews with examiner after a patent application has been sent to issue (Notice of Allowability mailed), MPEP § 713.10, or after transfer of jurisdiction to the Board of Patent Appeals and Interferences.

17. Petitions to expunge papers from patent applications or patent files under 37 CFR 1.59  which were submitted under MPEP § 724.02 or as part of an IDS.

18. Petitions, or requests at the initiative of the USPTO, to withdraw patent applications from issue before payment of the issue fee, 37 CFR 1.313(a).

19. Requests at the initiative of the USPTO to withdraw patent applications from issue after payment of the issue fee under 37 CFR 1.313 (b), MPEP § 1308.

20. Petitions under 37 CFR 1.91  to admit a model or exhibit as part of the record of an application.

21. Requests for the return of models, exhibits, or specimen under 37 CFR 1.94.

22. Requests to withdraw as attorney or agent of record, 37 CFR 1.36  and MPEP § 402.06.

1002.02(c)(1)    Petitions Decided by the Director of Technology Center 3640 [R-2]

In addition to the items delegated to all Technology Center Directors under MPEP § 1002.02(c), authority to decide the following is delegated to the Director of Technology Center 3640:

1. All petitions filed under 35 U.S.C. 267  to extend the time for taking action in United States-owned applications wherein the invention is important to the armament or defense of the United States.

2. All petitions under 37 CFR 1.103(f)  to suspend action in United States-owned applications wherein the publication of the invention might be detrimental to the public safety or defense.

Any petitions filed under 35 U.S.C. 267  and/or 37 CFR 1.103(f)  in any area of the Office must be forwarded to the Director of Technology Center 3640 for decision thereon.

3. Petitions under 37 CFR 5.12(a)  for foreign license to file patent applications in foreign countries, MPEP § 140.

4. Petitions for rescission of secrecy order, 37 CFR 5.4, MPEP § 120.

5. Petitions to permit disclosure of subject matter under a secrecy order, 37 CFR 5.5(b), MPEP § 120.

6. Petitions for modification of secrecy order, 37 CFR 5.5(c), MPEP § 120.

7. Petitions for retroactive foreign filing license, 37 CFR 5.25, MPEP § 140.

8. Petitions relating to refusal of request for publication of a Statutory Invention Registration, 37 CFR 1.295, MPEP § 1105.

9. Petitions relating to request for withdrawal of request for publication of a Statutory Invention Registration, 37 CFR 1.296, MPEP § 1109.

10. Petitions relating to DOE property rights statements under 42 U.S.C. 2182.

11. Petitions relating to NASA property rights statements under 42 U.S.C. 2457.

12. Petitions relating to foreign filing licenses under 35 U.S.C. 184.

13. Petitions concerning review of security or government interest matters not otherwise provided for.

14. Petitions relating to any application under a secrecy order pursuant to 35 U.S.C. 181, including petitions to expunge subject matter from the application to overcome the secrecy order.

1002.02(c)(2)    Petitions Decided by the Director of Technology Center 1600 [R-2]

In addition to the items delegated to all Technology Center Directors under MPEP § 1002.02(c), authority to decide the following is delegated to the Director of Technology Center 1600:

1. Petitions regarding sequence rules, 37 CFR 1.821 -1.825.

2. Petitions to make biotechnology applications special where applicant is a small entity, MPEP § 708.02, item XII.

1002.02(c)(3)    Petitions Decided by the Director of Technology Center 2900

In addition to the items delegated to all Technology Center Directors under MPEP § 1002.02(c), authority to decide the following petitions and requests filed in design applications is delegated to the Director of Technology Center 2900:

1. Petitions to revive an abandoned national application, 37 CFR 1.137  (both unavoidable delay and unintentional delay), MPEP § 711.03(c).

2. Petitions relating to the filing date of patent applications under 37 CFR 1.53  and former 37 CFR 1.60  and 1.62, MPEP § 506.02.

3. Requests for expedited examination of design applications under 37 CFR 1.155, MPEP § 1504.30.