1002.02(c)    Petitions and Requests Decided by the Technology Center Directors [R-10.2019]

1. Petitions or requests to reopen prosecution of patent applications or to reinstate a rejection after decision by the Patent Trial and Appeal Board 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 under 37 CFR 1.144  and MPEP § 818.01(c), or protests following a holding of lack of unity of invention by the USPTO in its capacity as International Searching Authority (37 CFR 1.477  and MPEP § 1850) or International Preliminary Examining Authority (37 CFR 1.489  and 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:

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

5. 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).

6. Petitions under 37 CFR 41.40  to request review of the primary examiner’s failure to designate a rejection in the examiner’s answer as a new ground of rejection, MPEP § 1207.03(b).

7. Petitions concerning appealed patent applications or ex parte reexamination proceedings before transfer of jurisdiction to the Patent Trial and Appeal Board (e.g., extension of time under 37 CFR 1.136(b)  or 1.550(c)  for filing an appeal brief), MPEP § 1205.01.

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

9. Petitions to reinstate appeals dismissed in the Technology Center. See MPEP § 1205.01.

10. Petitions from the denial of a request for reexamination, 37 CFR 1.515(c), MPEP § 2248.

11. Requests for extension of time in ex parte reexamination proceedings, 37 CFR 1.550(c).

12. 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.

13. 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.

14. 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 Patent Trial and Appeal Board, MPEP § 1204.03.

15. 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 information disclosure statement.

16. 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), where the application is before the Technology Center.

17. 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, subsection II.

18. Petitions under 37 CFR 1.91  to admit a model or exhibit as part of the record of an application, MPEP § 608.03.

19. Requests for the return of models, exhibits, or specimen under 37 CFR 1.94, MPEP § 608.03(a).

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

1002.02(c)(1)    Petitions Decided by the Director of Technology Center 3640 [R-07.2015]

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, MPEP § 710.

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, MPEP § 709, subsection II.

3. Petitions under 37 CFR 5.12(b)  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 relating to refusal of request for publication of a Statutory Invention Registration, 37 CFR 1.295  as in effect on March 15, 2013.

8. Petitions relating to request for withdrawal of request for publication of a Statutory Invention Registration, 37 CFR 1.296  as in effect on March 15, 2013.

9. Petitions relating to DOE property rights statements under 42 U.S.C. 2182, MPEP § 150.

10. Petitions relating to NASA property rights statements under 42 U.S.C. 2457, MPEP § 150.

11. Petitions relating to foreign filing licenses under 35 U.S.C. 184, MPEP § 140.

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

13. 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 and Matters Decided by the Director of Technology Center 1600 [R-07.2015]

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. Request for a certificate of statement of availability of deposit, MPEP § 2410.02.

1002.02(c)(3)    Petitions and Requests Decided by the Director of Technology Center 2900 [R-07.2015]

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

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

1002.02(c)(4)    Petitions Decided in the Central Reexamination Unit [R-08.2017]

In addition to the items delegated to Technology Center Directors under MPEP § 1002.02(c), authority to decide the following is delegated to the Director of the Central Reexamination Unit (CRU). Where specifically indicated, the authority is further delegated to the CRU Supervisory Patent Reexamination Specialists (SPRS) as noted below:

  • 1. Petitions under 37 CFR 1.181(a)(1)  from any action or requirement of any examiner in ex parte and inter partes reexamination proceedings including any request for reconsideration of a decision on such a petition. See MPEP § 1002.02(c), item 3, for petitions seeking supervisory review of prior decisions of petitions under 37 CFR 1.181(a)(1).
  • 2. Petitions under 37 CFR 1.550(c)  for an extension of time in ex parte reexamination proceedings (further delegated to SPRS).
  • 3. Petitions under 37 CFR 1.956  for an extension of time in inter partes reexamination proceedings (further delegated to SPRS).
  • 4. Petitions under 37 CFR 1.59  to expunge papers (further delegated to SPRS).

Petitions in ex parte and inter partes reexamination proceedings for actions occurring after jurisdiction has transferred to the Patent Trial and Appeal Board (Board) or for petitions that have been expressly delegated to be decided by the Board are appropriately filed under 37 CFR 41.3. See MPEP §§ 1002.02(f) and 1002.02(j) for more information on petitions and other matters decided by the Board.