MPEP § 1002 — MPEP § 1002
Current through: 2022-07-01

1002-Petitions to the Director of the USPTO 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Chapter 1000 

 Section 1002 
 

 
 
 
 
 
 1002 Petitions to the Director of the USPTO [R-07.2022]

 
 37 CFR 1.4 Nature of correspondence and signature
 requirements. 

 *****

 
 (c) Since different matters may be considered by
 different branches or sections of the Office, each distinct subject, inquiry or
 order must be contained in a separate paper to avoid confusion and delay in
 answering papers dealing with different subjects. Subjects provided for on a
 single Office or World Intellectual Property Organization form may be contained in
 a single paper.
 

 
 *****

 

 
 37 CFR 1.181 Petition to the Director. 

 
 (a) Petition may be taken to the Director:
 
 (1) From any action or requirement of any examiner in the
 ex parte prosecution of an application, or in
 ex parte or inter partes 
 prosecution of a reexamination proceeding which is not subject to appeal to
 the Patent Trial and Appeal Board or to the court;
 

 (2) In cases in which a statute or the rules specify that the
 matter is to be determined directly by or reviewed by the Director; and
 

 (3) To invoke the supervisory authority of the Director in
 appropriate circumstances. For petitions involving action of the Patent
 Trial and Appeal Board, see § 41.3 of this title.
 

 
 

 (b) Any such petition must contain a statement of the facts involved
 and the point or points to be reviewed and the action requested. Briefs or
 memoranda, if any, in support thereof should accompany or be embodied in the
 petition; and where facts are to be proven, the proof in the form of affidavits or
 declarations (and exhibits, if any) must accompany the petition.
 

 (c) When a petition is taken from an action or requirement of an
 examiner in the ex parte prosecution of an application, or in
 the ex parte or inter partes prosecution of
 a reexamination proceeding, it may be required that there have been a proper
 request for reconsideration (§ 1.111 ) and a repeated action
 by the examiner. The examiner may be directed by the Director to furnish a written
 statement, within a specified time, setting forth the reasons for his or her
 decision upon the matters averred in the petition, supplying a copy to the
 petitioner.
 

 (d) Where a fee is required for a petition to the Director the
 appropriate section of this part will so indicate. If any required fee does not
 accompany the petition, the petition will be dismissed.
 

 (e) Oral hearing will not be granted except when considered necessary
 by the Director.
 

 (f) The mere filing of a petition will not stay any period for reply
 that may be running against the application, nor act as a stay of other
 proceedings. Any petition under this part not filed within two months of the
 mailing date of the action or notice from which relief is requested may be
 dismissed as untimely, except as otherwise provided. This two-month period is not
 extendable.
 

 (g) The Director may delegate to appropriate Patent and Trademark
 Office officials the determination of petitions.
 

 
 

 
 37 CFR 1.182 Questions not specifically provided for. 

 All situations not specifically provided for in the regulations of this
 part will be decided in accordance with the merits of each situation by or under the
 authority of the Director, subject to such other requirements as may be imposed, and
 such decision will be communicated to the interested parties in writing. Any petition
 seeking a decision under this section must be accompanied by the petition fee set forth
 in § 1.17(f) .
 

 

 
 37 CFR 1.183 Suspension of rules. 

 In an extraordinary situation, when justice requires, any requirement
 of the regulations in this part which is not a requirement of the statutes may be
 suspended or waived by the Director or the Director’s designee, sua
 sponte, or on petition of the interested party, subject to such other
 requirements as may be imposed. Any petition under this section must be accompanied by
 the petition fee set forth in § 1.17(f) .
 

 

 Petitions on appealable matters ordinarily are not entertained. See
 MPEP §
 1201 .
 

 A petition should include:

 
 1. A statement of the type of relief requested and the
 authorizing provision of statute or rules, if applicable;
 

 2. A statement of the relevant facts;

 3. An identification of the points that are to be
 reviewed; and
 

 4. The fee, where required.

 
 37 CFR
 1.4(c) requires a separate petition for each distinct subject,
 inquiry or order to avoid confusion and delay in answering the petition. Therefore, each
 petition should ordinarily only be filed under a single authorizing provision (e.g.,
 37 CFR
 1.181 ). Although concurrent petitions seeking relief from the same
 action may be filed, many prior petitioners have benefitted by delaying the filing of
 petitions under 37 CFR
 1.182 or 1.183 until after they receive a
 decision on a petition seeking supervisory review under 37 CFR 1.181 .
 

 The mere filing of a petition will not stay the period for
 replying to an examiner’s action which may be running against an application, nor act as a
 stay of other proceedings ( 37 CFR 1.181(f) ). For example, if a
 petition to vacate a final rejection as premature is filed within 2 months from the date of
 the final rejection, the period for reply to the final rejection is not extended even if
 the petition is not reached for decision within that period. However, if the petition is
 granted and the applicant has filed an otherwise full reply to the rejection
 within the period for reply, the case is not abandoned.
 

 37 CFR
 1.181(f) provides that any petition under that rule which is not
 filed “within two months of the mailing date of the action or notice from which relief is
 requested may be dismissed as untimely.” Often, the “action or notice from which relief is
 requested,” for example, a requirement for a new drawing, is included in the same letter as
 an action on the merits of the claims, the latter having a 3-month period for reply. Under
 such circumstances, if applicant requests reconsideration, under 37 CFR 1.111(b) , of
 the requirement for a new drawing, the examiner’s action on this request, if adverse,
 establishes the beginning of the 2-month period for filing the petition. The petition must
 be filed within this period even though the period for reply to the rejection of the claims
 may extend beyond the 2-month period. The 2-month period for filing timely petitions set
 forth in 37 CFR
 1.181(f) applies to any petition under 37 CFR part 1 , except
 as otherwise provided. A number of sections (e.g., 37 CFR 1.377 , 1.378 , and
 1.740 ) specify the time period within which a petition must be filed
 (or may be dismissed as untimely). The 2-month time period in 37 CFR 1.181(f) 
 applies to a petition under any section (e.g., 37 CFR 1.182 and 37 CFR 1.183 ) that
 does not specify the time period within which a petition must be filed. The 2-month period
 is not extendible under 37 CFR 1.136(a) since the time is within the discretion of the
 Director of the USPTO.
 

 37 CFR 1.181(f) authorizes deciding
 officials to reasonably exercise discretion to accept a petition filed more than 2 months
 after the date of the action or notice from which relief is requested. A deciding official
 should not accept a petition after the 2-month period without a reason because the 2-month
 period provides for minimal undue delay in patent prosecution (“The Office has long
 considered the two-month period in § 1.181(f) to be the benchmark for
 determining the timeliness of petitions.” Changes to Implement the Patent Business
 Goals, 65 FR 54603, 54646 (September 8, 2000) (citing Changes to
 Patent Practice and Procedure, 62 FR 53132, 53161 (October 10, 1997))). The
 deciding official may exercise their discretion to accept an untimely petition beyond the
 2-month period in the circumstance that doing so would avoid unnecessary delays in the
 prosecution of the application. When a petition subject to 37 CFR 1.181(f) is
 filed after the 2-month period from the mailing date of the action or notice from which
 relief is requested and is accepted at the discretion of the deciding official, the reason
 for accepting the untimely petition should be articulated in the decision to ensure clarity
 of the record. The following non-exhaustive factors may be considered to determine whether
 to accept a petition after the 2-month period:
 

 
 (1) Petitioner engaged in significant, constructive
 efforts with the examiner to resolve the issue outside of the petitions process 
 

 (2) The examiner agreed, on the written record, to
 perform an action that would resolve the issue, but failed to do so
 

 (3) A showing of extenuating circumstances, such as delay
 caused by health, pandemic, natural disaster, etc.
 

 
 If the deciding official determines that the petition will
 be dismissed as untimely, the decision should include an explanation of how the 2-month
 period was calculated. The decision should inform petitioner that arguments on the issue of
 timeliness may be presented in a renewed petition.
 

 The mere filing of a petition will not stay the period for
 replying to an examiner’s action which may be running against an application, nor act as a
 stay of other proceedings ( 37 CFR 1.181(f) ).
 

 Form paragraph 10.20 may be used where an insufficient fee was filed with
 a petition or a request.
 

 ¶ 10.20 Petition or Request Dismissed, Proper Fee Not Submitted

 Applicant’s petition or request under 37 CFR
 [1] filed [2] is DISMISSED because the proper petition or
 processing fee of [3] required under 37 CFR 1.17 has not been
 submitted.
 

 Examiner Note:
 
 1. Requests under 37 CFR 1.48 for correcting
 inventorship require a fee as set forth in 37 CFR 1.17(i) .
 

 2. Petitions to suspend action under 37 CFR 1.103(a) 
 require a fee as set forth in 37 CFR 1.17(g) .
 

 3. Petitions to withdraw an application from issue under
 37 CFR
 1.313 require a fee as set forth in 37 CFR
 1.17(h) .
 

 4. Petitions for an extension of time under 37 CFR 1.136(a) 
 require varying fees. See 37 CFR 1.17(a)(1)-(5) . 
 

 5. Requests to suspend action under 37 CFR 1.103(b) or
 (c) require a fee set forth in 37 CFR
 1.17(i) .
 

 6. Requests to defer examination under 37 CFR 1.103(d) 
 require a fee set forth in 37 CFR 1.17(i) and publication fee
 set forth in 37 CFR
 1.18(d) .
 
 
 

 Form paragraph 10.30 may be used to generate the header
 information for a petition decision.
 

 ¶ 10.30 Petition Header Information

 In re Application of: [1] : Appl. No.:
 [2] : DECISION ON PETITION Filed: [3] : [5] For:
 [4] : 
 

 

 
 1002.01 Procedure [R-07.2015]

 Petitions, together with the respective application files, are sent to
 the official having the delegated authority to decide the petition. The petition may be
 referred to the examiner for a formal statement under 37 CFR 1.181(c) or
 for an informal memorandum. See MPEP § 711.03(d) .
 

 Where a formal statement under 37 CFR 1.181(c) is made, a copy
 thereof is mailed to the petitioner by the examiner unless the examiner is otherwise
 directed, and the application file and petition, accompanied by the original copy of his
 or her statement, are returned to the official handling the petition. If an informal
 memorandum is requested, no copy thereof is mailed to the petitioner by the
 examiner.
 

 

 
 1002.02 Delegation of Authority To Decide Petitions [R-07.2022]

 Petitions to the Director of the USPTO are decided in accordance with
 the following delegation of authority.
 

 In any case in which the authority to decide the petition has been
 delegated as indicated in MPEP §§ 1002.02(b) , 1002.02(f) , 1002.02(g) ,
 1002.02(j) , 1002.02(o) , and 1002.02(p) , a denial
 of a petition is a final agency decision. A dismissal of a petition, a denial of a
 petition without prejudice, and other interlocutory orders are not final agency
 decisions.
 

 Petitions decided by the Technology Center Directors are
 set forth in MPEP §
 1002.02(c) et seq. A petition decided under
 the delegated authority set forth in MPEP § 1002.02(c) should not use
 language that suggests that it is a final agency decision. Therefore, a petition decided
 by a Technology Center Director in which the requested relief is not granted should be
 dismissed rather than denied. Additionally, the decision should indicate that it is not
 a final agency decision. To promote consistency and enhance clarity of petition
 decisions by Technology Center Directors, the following language may be used when a
 petition decided by a Technology Center Director is dismissed: 
 

 
 “The petition filed [date X] is dismissed. This is
 not a final agency decision. See MPEP § 1002.02 . Any request for
 reconsideration or higher level review of this decision not filed within two months
 of the mailing date of this decision may be dismissed as untimely. This two-month
 period is not extendable. See 37 CFR 1.181(f) .”
 

 

 In accordance with 37 CFR 1.181(g) , the authority to
 decide petitions to the Director of the USPTO not otherwise delegated, has been
 delegated to various Office officials. Generally, these officials will decide petitions
 as specified in the following sections for the effective operation of the Office. Also
 listed are certain petitions which are not, strictly speaking, to the Director of the
 USPTO but have been committed by statute or rule to the designated officials.
 

 The delegation of specific petitions and/or matters to the Technology
 Center (TC) Directors is identified in the sections below. Unless specifically provided
 for in the letter of delegation of authority, further delegations are
 not permitted. Any petitions and/or matters so delegated by
 the TC Directors may be decided by the TC Directors.
 

 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.
 

 
 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 [R-01.2024]
 

 In general, petitions under this section should be directed to “Mail
 Stop Petition, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia
 22313-1450,” except as otherwise provided. For example, applications for patent term
 extension under 35
 U.S.C. 156 should be directed to Mail Stop Hatch-Waxman PTE and
 petitions for retroactive foreign filing license under 37 CFR 5.25 
 should be directed to Mail Stop L&R. 
 

 1. Petitions to revive an abandoned national, nonprovisional or
 provisional patent application on the basis of unintentional delay, 37 CFR 1.137 
 and MPEP
 § 711.03(c) .
 

 2. Petitions under 37 CFR 1.183 for waiver or
 suspension of rules not otherwise provided for.
 

 3. Petitions to invoke the supervisory authority of the Director of
 the USPTO under 37
 CFR 1.181 in matters not otherwise provided for.
 

 4. Petitions for an unintentionally delayed foreign priority claim,
 37 CFR
 1.55(e) and MPEP §
 214.02 .
 

 5. Petitions to restore the right of foreign priority,
 37 CFR
 1.55(c) and MPEP §
 213.03 , subsection III.
 

 6. Petitions for late filing of certified copy of
 foreign application, 37 CFR 1.55(f) or
 (g) , as applicable, and MPEP §
 215.02 .
 

 7. Petitions for an unintentionally delayed domestic benefit claim,
 37 CFR
 1.78(c) and (e) and MPEP §
 211.04 .
 

 8. Petitions to restore the benefit of a provisional
 application, 37 CFR 1.78(b) and
 MPEP §
 211.01(a) , subsection II.
 

 9. Petitions to defer issuance of patents, 37 CFR 1.314 
 and MPEP §
 1306.01 .
 

 10. Petitions for express abandonment of patent applications after
 payment of the issue fee, 37 CFR 1.313(c)(3) ,
 MPEP
 § 711.01 , subsection I, and MPEP § 1308 .
 

 11. Petitions relating to issuance of patents not otherwise provided
 for, for example, issuance of a patent in the name of an assignee under
 37 CFR
 3.81 . 
 

 12. Petitions for the withdrawal of attorney or agent of record
 under 37 CFR
 1.36 in patent applications involved in proceedings before
 Deputy Commissioner for Patents who oversees the Office of Petitions or assigned
 staff in the Office of Petitions, the Office of Patent Legal Administration, or the
 MPEP staff office and in applications pending in a Technology Center.
 

 13. Petitions under 37 CFR 1.182 in matters not
 otherwise provided for in the regulations.
 

 14. Requests from the examiner for the rehearing of a decision of
 the Patent Trial and Appeal Board, MPEP § 1214.04 .
 

 15. Petitions to review refusal to accept and record maintenance fee
 payment filed prior to the expiration of a patent, 37 CFR 1.377 
 and MPEP §
 2580 .
 

 16. Petitions to accept an unintentionally delayed payment of
 maintenance fee in an expired patent, 37 CFR 1.378 and
 MPEP §
 2590 .
 

 17. Petitions to review a decision of Technology Center Director or
 Central Reexamination Unit Director, 37 CFR 1.181 .
 

 18. Petitions to withdraw a holding of abandonment not otherwise
 delegated, 37 CFR
 1.181 .
 

 19. Requests to order a Director initiated reexamination proceeding,
 37 CFR
 1.520 .
 

 20. Petitions to accept late papers in a reexamination proceeding
 based upon unintentional delay, 35 U.S.C. 41(a)(7) .
 

 21. Petitions for access to patent applications under
 37 CFR
 1.14 (or pre-AIA 37 CFR 1.14 ) with the
 exception of applications involved in or related to a proceeding before the Patent
 Trial and Appeal Board, MPEP §§ 103 , 104 , and 1901.05 .
 

 22. Petitions relating to reexamination proceedings and/or reissue
 proceedings under 37 CFR 1.182 and 1.183 .
 

 23. Petitions relating to merger of reexamination and reissue
 proceedings.
 

 24. Applications relating to Hatch-Waxman patent term extension,
 37 CFR
 1.710 - 1.791 and petitions relating to
 Hatch-Waxman patent term extension, 37 CFR 1.182 or 1.183 .
 

 25. Petitions under 37 CFR 1.181 to review a
 determination of the length of the patent term extension under 37 CFR 1.701 
 for original applications, other than designs, filed on or after June 8, 1995 and
 before May 29, 2000, MPEP § 2720 .
 

 26. Requests for reconsideration of the patent term adjustment
 indicated in the notice of allowance or in the patent, under 37 CFR 1.705 ,
 MPEP §
 2734 , subsection I.
 

 27. Requests for reinstatement of the period of patent term
 adjustment reduced pursuant to 37 CFR 1.704(b) under
 37 CFR
 1.705(c) , MPEP § 2734 , subsection II.
 

 28. Petitions relating to the filing date of patent applications
 under 37 CFR
 1.53 , MPEP § 506.02 .
 

 29. 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 Office of Petitions or the Office
 of Patent Legal Administration.
 

 30. Requests to convert a provisional application filed under
 37 CFR
 1.53(c) to a nonprovisional application under 37 CFR 1.53(b) 
 where the provisional application is before the Office of Petitions or the Office of
 Patent Legal Administration.
 

 31. Petitions for extensions of time under 37 CFR 1.136(b) 
 in applications before the Office of Petitions or the Office of Patent Legal
 Administration ( MPEP §
 710.02(e) ).
 

 32. Petitions, or requests at the initiative of the USPTO by someone
 other than a Technology Center Director, to withdraw patent applications from issue
 under 37 CFR
 1.313(a) before payment of the issue fee. 
 

 33. Petitions, or requests at the initiative of the USPTO by someone
 other than a Technology Center Director, to withdraw patent applications from issue
 after payment of the issue fee under 37 CFR 1.313(b) ,
 MPEP §
 1308 , subsection II.
 

 34. Petitions to withdraw patent applications from issue after
 payment of the issue fee under 37 CFR 1.313(c) ,
 MPEP §
 1308 , subsection I.B.
 

 35. Petitions to expunge papers or assignment information from
 patent applications under 37 CFR 1.59 which were not
 submitted under MPEP §
 724.02 or as part of an information disclosure statement
 (IDS).
 

 36. Petitions to expunge recorded assignment
 information, 37 CFR
 1.182 and MPEP § 323.01(d) .
 

 37. Petitions to Make Special based on inventor’s
 health, 37 CFR
 1.102(c)(1) and MPEP § 708.02 , subsection I. 
 

 38. Petitions to Make Special based on inventor’s age,
 37 CFR
 1.102(c)(1) and MPEP § 708.02 , subsection II.
 

 39. Requests for prioritized examination under
 37 CFR
 1.102(e) , MPEP § 708.02(b) .
 

 40. Requests for participation in a Patent Prosecution
 Highway program ( www.uspto.gov/PPH ). 
 

 41. Requests for participation in the Law School Pilot
 Program.
 

 42. Petitions for retroactive foreign filing license
 under 37 CFR
 5.25 , MPEP § 140 , subsection II.
 

 43. Petitions to show proprietary interest sufficient
 to make application on behalf of and as agent for the inventor under
 37 CFR
 1.46 (applicable in applications filed on or after September
 16, 2012), MPEP § 409.05 , subsection II.
 

 44. Petitions to accept an oath or declaration without
 a joint inventor’s signature, pre-AIA 37 CFR 1.47(a) 
 (applicable in applications filed before September 16, 2012), MPEP §
 409.03(a) .
 

 45. Petitions to accept an oath or declaration from a
 person to whom an inventor has assigned or agreed in writing to assign the invention,
 or who otherwise shows sufficient proprietary interest in the matter justifying such
 action, pre-AIA 37
 CFR 1.47(b) (applicable in applications filed before September
 16, 2012 where none of the inventors are available to sign), MPEP §
 409.03(b) .
 

 46. Requests for Corrected Patent Application
 Publication under 37 CFR 1.221(b) , MPEP § 1130 , subsection II.
 

 47. Petitions to change entity status, including the
 payment of additional fees, 37 CFR 1.28 and 1.29 .
 

 48. Return of papers containing discourteous remarks.
 See MPEP §§
 714.19 and 714.25 .
 

 49. Petitions to issue a corrected patent,
 37 CFR
 1.322(b) .
 

 50. Requests for a certificate of correction that
 affects related U.S. application data or foreign priority data.
 

 

 
 1002.02(c) Petitions and Requests Decided by the Technology Center
 Directors [R-01.2024]
 

 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 under 37 CFR 1.144 after requirement
 for restriction by an examiner in a patent application ( MPEP §
 818.01(c) ), including a final requirement finding that a
 national stage application lacks unity of invention ( 37 CFR 1.499 
 and MPEP §
 1893.03(d) ); and 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:
 

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

 b. requirement to cancel “new matter” from specification,
 MPEP §
 608.04(c) ;
 

 c. relative to formal sufficiency and propriety of affidavits
 under 37
 CFR 1.131(a) ( MPEP § 715.08 ) or
 37 CFR
 1.132 ( MPEP § 716 );
 

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

 e. refusal to enter an amendment, MPEP §
 714.19 ;
 

 f. refusal to enter an amendment under 37 CFR
 1.111 or 1.115 ,
 MPEP §§
 714.01(e) and 714.03(a) ;
 

 g. resetting period for reply when the delivery of mailed
 correspondence was delayed by the United States Postal Service (USPS) or the
 USPTO, MPEP §
 710.06 ; and
 

 h. requirement for information under 37 CFR
 1.105 , MPEP § 704.14(c) .
 

 
 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 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(a) ,
 MPEP §
 709 , regardless of which rule the first or prior request
 for suspension was based on.
 

 21. Petitions regarding sequence rules,
 37
 CFR 1.821 - 1.825 and 1.831 
 - 1.835 .
 

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

 
 1002.02(c)(1) Petitions Decided by the Director of the Technology
 Center Who Oversees Licensing and Review [R-07.2022]
 

 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 the Technology Center who Oversees Licensing and
 Review:
 

 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) [Reserved]

 

 
 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-01.2024]
 

 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 in reexamination and
 supplemental examination proceedings (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.
 

 

 

 
 1002.02(d) Petitions and Matters Decided by Supervisory Patent
 Examiners [R-08.2017]
 

 1. Entry of amendments under 37 CFR 1.312 which embody more
 than merely the correction of formal matters without changing the scope of any claim,
 MPEP §§
 714.16 and 714.16(d) .
 

 2. Approval of reopening prosecution after the filing of an appeal
 brief in order to incorporate any new ground of rejection, MPEP §
 1207.04 .
 

 3. Requests for a certificate of correction submitted under
 37 CFR
 1.322 or 1.323 unless the error is clearly
 minor, clerical or typographical, in which case it is handled by the Certificates of
 Correction Branch.
 

 4. Requests for a certificate of correction to correct a claim even
 if the request is submitted under 37 CFR 1.322 ,
 MPEP §
 1480 .
 

 5. Petitions under 37 CFR 1.324 to correct errors in
 joining inventors in a patent that is not involved in an interference,
 MPEP §
 1481.02 .
 

 6. Disapproval of preliminary amendments under 37 CFR 1.115 or
 second (or subsequent) supplemental amendments (3 rd reply)
 under 37 CFR
 1.111 , MPEP §§ 714.01(e) 
 and 714.03(a) .
 

 7. Letters to an applicant suggesting claims for purposes of
 interference, or the submission of Form PTO-850, where one or more claims of one
 application would differ from corresponding claims of another application. See
 37 CFR
 41.202 and MPEP § 2304.04 et seq.
 

 8. Amendments presented after decision in an appeal by the Patent
 Trial and Appeal Board as to which the primary examiner recommends entry as placing
 the application in condition for allowance. See MPEP
 § 1214.07 .
 

 9. Petitions under 37 CFR 1.84 to accept photographs
 or color drawings in patent applications, MPEP § 608.02 , subsection VIII.
 

 10. Withdrawal from appeal of an application remanded by the Patent
 Trial and Appeal Board. See MPEP § 1211.01 .
 

 11. Requests for deferral of examination under 37 CFR
 1.103(d) , MPEP § 709 .
 

 

 
 1002.02(e) [Reserved]

 

 

 
 1002.02(f) Petitions and Matters Decided by the Chief Administrative
 Patent Judge of the Patent Trial and Appeal Board [R-07.2015]
 

 The Chief Administrative Patent Judge is authorized to re-delegate
 authority to decide any of these petitions or matters to the Deputy Chief
 Administrative Patent Judge, to a Vice Chief Administrative Patent Judge, a Lead
 Administrative Patent Judge, or to an Administrative Patent Judge of the Patent Trial
 and Appeal Board.
 

 1. If raised properly during ex
 parte reexamination and in a subsequent appeal, issues relating to an
 examiner’s determination that a reference raises a substantial new question of
 patentability. See 75 FR 36357 (June 25, 2010). This authority may be re-delegated to
 the panel of the Patent Trial and Appeal Board deciding the appeal in the
 reexamination.
 

 2. Ordering, in the interests-of-justice, an
 interference commenced before September 16, 2012 to be dismissed without prejudice to
 the filing of a petition for post-grant review. 37 CFR
 42.200(d) .
 

 3. Designation of members of the Patent Trial and Appeal Board to,
 on written appeal, review adverse decisions of examiners upon applications for
 patents, review appeals of ex parte reexaminations, conduct
 derivation proceedings, conduct inter partes reviews and
 post-grant reviews, initially and on request for reconsideration. 35 U.S.C.
 6 .
 

 4. Designation of members of the Patent Trial and Appeal Board to
 conduct proceedings in an interference including the determination of priority and
 patentability of invention. Pre-AIA 35 U.S.C. 6 .
 

 5. Designation of members of the Patent Trial and Appeal Board to
 review appeals of inter partes reexaminations.
 

 6. Requests related to superintending the functions of the Patent
 Trial and Appeal Board, including:
 

 
 a. Requests for decision on a question of policy
 certified by a panel or an administrative patent judge of the Patent Trial and
 Appeal Board. 37 CFR 41.3(a) .
 

 b. Petitions to review a determination of a
 non-compliant brief. 37 CFR 41.37(d) ,
 41.68(c) , and 41.71(e) .
 

 c. Certification of a decision by a panel of the
 Patent Trial and Appeal Board to disqualify counsel for cause in a trial
 proceeding. 37 CFR 42.10(d) .
 

 d. Extensions of pendency for a period of up to
 six months in an inter partes or a post-grant review
 proceeding. 37 CFR 42.100(c) ,
 42.200(c) , and 42.300(c) .
 

 e. Petitions under 37 CFR
 1.181 , 1.182 , and
 1.183 from actions of the Patent Trial and Appeal
 Board.
 

 f. Petitions for an extension of time for
 seeking rehearing in an ex parte appeal before the Patent
 Trial and Appeal Board.
 

 g. Petitions to revive an application abandoned
 for, or an ex parte or inter partes 
 reexamination terminated for, failure to file a timely corrected brief in reply
 to a Notification of Defective or Non-Compliant Brief. 37 CFR
 1.137 , 41.37 , and
 41.67 .
 

 h. Petitions to revive an inter
 partes reexamination terminated for failure to file a timely
 corrected Request to Reopen Prosecution in reply to an Order by the Patent
 Trial and Appeal Board denying a request to reopen prosecution pursuant to
 37 CFR
 41.77(b)(1) .
 

 
 7. Petitions under pre-AIA 35 U.S.C. 135(c) :
 

 
 a. Petitions under pre-AIA 35 U.S.C. 135(c) 
 and 37 CFR
 41.205(b) to permit the filing of an agreement or
 understanding during the 6-month period subsequent to termination of an
 interference.
 

 b. Petitions under 37 CFR 41.205(d) for access
 to copies of an interference agreement or understanding filed under
 pre-AIA 35
 U.S.C. 135(c) .
 

 
 

 
 1002.02(g) Petitions Decided by the Administrative Patent
 Judges [R-07.2015]
 

 1. Certification of a question of policy to the Chief Administrative
 Patent Judge for decision. 37 CFR 41.3(a) .
 

 2. Motion to waive or suspend any rule in Subpart D of part 41 of
 title 37 CFR. See 37 CFR 41.104(b) .
 

 3. Declarations and re-declarations of interferences.
 37 CFR
 41.203 .
 

 4. Institutions and reinstitutions of derivation proceedings.
 37 CFR
 42.408(a) .
 

 5. Motion to suspend an interference involving a patent under
 ex parte or inter partes reexamination.
 37 CFR
 1.565(e) and 1.993 .
 

 

 
 1002.02(h) [Reserved]

 

 

 
 1002.02(i) Petitions Decided by the Commissioner for
 Trademarks [R-08.2012]
 

 Petitions relating to Trademarks are covered in Chapter 1700 of the
 Trademark Manual of Examining
 Procedure .
 

 

 
 1002.02(j) Petitions Decided by the Patent Trial and Appeal Board [R-07.2015]

 1. Requests in a reply brief to consider a new
 argument not previously raised in an appeal brief or not responsive to an argument
 raised by the examiner. 37 CFR 41.41(b)(2) .
 

 2. Requests in an oral hearing to rely on a new
 argument based upon a recent relevant decision of the Patent Trial and Appeal Board
 or a Federal Court. 37 CFR 41.47(e)(2) .
 

 3. Requests made in a request for rehearing to review a
 panel’s failure to designate a new ground of rejection in its decision.
 37 CFR
 41.50(c) .
 

 4. Petitions to institute a trial. 37 CFR
 42.4(a) , 42.108 , 42.208 , 42.300 , and 42.408 .
 

 5. Determination of the proper course of conduct in an
 interference or trial proceeding. 37 CFR 41.104 , 42.5 .
 

 6. Authorizations to file a motion other than a
 petition requesting the institution of a trial. 37 CFR 41.121 and
 42.20 – 42.25 .
 

 7. Motions including, but not limited to:

 
 a. Requests for oral argument on an issue raised
 in a paper. 37 CFR 41.124(a) and 42.70 .
 

 b. Requests to authorize binding arbitration to
 determine any issue. 37 CFR 41.126(a) .
 

 c. Imposition of a sanction against a party for
 misconduct. 37 CFR 41.128(a) and 42.12(a) .
 

 d. Requests for additional discovery.
 37 CFR
 41.150(c) and 42.51(b)(2) .
 

 e. Motions to exclude evidence.
 37 CFR 41.155(c) and 42.64(c) .
 

 f. Motions in limine for a
 ruling on the admissibility of evidence. 37 CFR
 41.155(d) and 42.64 .
 

 g. Motions to compel testimony or production of
 documents or things. 37 CFR 41.156 and
 42.52(a) .
 

 h. Motions related to the taking of testimony,
 including motions to quash. 37 CFR 41.157 and
 42.53 .
 

 i. Admissibility of expert testimony.
 37 CFR
 41.158 and 42.65 .
 

 j. Requests for recognition of counsel
 pro hac vice in an interference or trial proceeding.
 37 CFR
 41.5(a) and 42.10(c) .
 

 k. Disqualification of counsel for cause,
 subject to certification by the Chief Administrative Patent Judge, in an
 interference or trial proceeding. 37 CFR 41.5(b) and
 42.10(d) .
 

 l. Requests for withdrawal of counsel in an
 interference or trial proceeding. 37 CFR 41.5(c) and
 42.10(e) .
 

 m. Motions to seal a document or thing in a
 trial proceeding. 37 CFR 42.14 ,
 42.54 , and 42.55 .
 

 n. Motions to expunge confidential information.
 37 CFR 42.56 .
 

 o. Requests to treat a settlement agreement as
 business confidential information. 37 CFR
 42.74(c) .
 

 p. Motions by patent owners to amend a patent in
 an inter partes review or post-grant review proceeding.
 37 CFR 42.121(a) , 42.221(a) .
 

 q. Motions to submit supplemental information.
 37 CFR 42.123(a) , 42.223(a) .
 

 r. Motions to correct a clerical or
 typographical errors in a petition for inter partes or
 post-grant review. 37 CFR 42.104(c) ,
 42.204(c) , 42.304(c) .
 

 s. Requests for joinder. 37 CFR
 42.122(b) , 42.222(b) .
 

 t. Requests to make a settlement agreement
 available to a Government agency or other person. 37 CFR
 42.74(c) .
 

 
 

 
 1002.02(k) Matters Decided by the General Counsel, the
 Office of General Law and the Solicitor [R-07.2022]
 

 

 
 1002.02(k)(1) Petitions and Matters Decided by the General
 Counsel [R-07.2015]
 

 1. Requests for confidentiality waiver under 35 U.S.C.
 122 .
 

 2. Petitions (under 37 CFR 90.3(c) or 37 CFR
 2.145(e)) seeking to extend the time for filing a notice of appeal to the U.S.
 Court of Appeals for the Federal Circuit or for commencing a civil action seeking
 judicial review of a decision of the Patent Trial and Appeal Board or the
 Trademark Trial and Appeal Board.
 

 3. Petitions under 37 CFR 11.2(d) from a final
 decision of the Director of the Office of Enrollment and Discipline, regarding
 enrollment or recognition.
 

 4. Petitions under 37 CFR
 11.2(e) from a final decision of the Director of the Office
 of Enrollment and Discipline, regarding disciplinary matters.
 

 5. Appeals under 37 CFR 11.55 of initial
 decisions of hearing officers and requests for reconsideration under
 37 CFR
 11.56(c) in proceedings under 35 U.S.C. 32 
 in which the Director of the Office of Enrollment and Discipline seeks to exclude
 or suspend a practitioner from practice before the United States Patent and
 Trademark Office.
 

 6. All contested decisions involving the Office of
 Enrollment and Discipline.
 

 

 
 1002.02(k)(2) Requests Decided by the Office of General
 Law [R-07.2015]
 

 1. Requests filed under the Freedom of Information Act
 (FOIA).
 

 2. Administrative appeals of the FOIA Officer’s decision.

 3. Certain uncontested decisions involving the
 Office of Enrollment and Discipline.
 

 

 
 1002.02(k)(3) Petitions Decided by the Solicitor [R-08.2012]

 1. Petitions for extension of time in court matters
 35 U.S.C.
 142 , 145 , and 146 .
 

 2. Petitions relating to ex parte questions in
 cases before the Court of Appeals for the Federal Circuit.
 

 The Office of the Solicitor is available to render legal advice
 to any deciding official in connection with any petition.
 

 

 

 
 1002.02(l) Requests Decided by the Certificates of Correction
 Branch [R-01.2024]
 

 1. Requests for Certificates of Correction under 37 CFR 1.322 or
 1.323 except for denials on grounds requiring consideration by
 the Chief Administrative Patent Judge or the supervisory patent examiners otherwise
 provided for, MPEP §§
 1480 , 1481 and 1485 .
 

 2. Request to change inventorship pursuant to court order,
 37 CFR
 1.324 , MPEP § 1481.02 .
 

 

 
 1002.02(m) Petitions Decided by the Director of the Office of
 Enrollment and Discipline [R-07.2015]
 

 1. Petitions regarding enrollment or recognition under
 37 CFR
 11.2(c) .
 

 2. Requests for limited recognition under 37 CFR
 11.9 .
 

 3. Petitions for reinstatement under 37 CFR
 11.60 .
 

 4. Petitions to suspend the rules under 37 CFR
 11.3 .
 

 5. Petition to withdraw a Rule to Show Cause under
 37 CFR
 11.11(b) .
 

 

 
 1002.02(n) [Reserved]

 

 

 
 1002.02(o) Petitions and Other Matters Decided by the Deputy Director
 of the USPTO [R-07.2015]
 

 The Deputy Director of the USPTO has been delegated the authority to
 decide petitions to the Director of the USPTO from actions taken by the Patent Trial
 and Appeal Board for matters not otherwise delegated to the Chief Administrative
 Patent Judge, the Deputy Chief Administrative Patent Judge, a Vice Chief
 Administrative Patent Judge, or administrative patent judge(s). If there is a vacancy
 in the position of Deputy Director of the USPTO, decisions on these petitions will be
 signed by the Director of the USPTO.
 

 Upon receipt of a petition, the entire file is to be forwarded to
 the Office of the Solicitor. The Solicitor is directed to promptly cause a review to
 be made of the petition and to prepare a draft decision for the Deputy Director or
 Director of the USPTO as may be appropriate. The Solicitor is authorized to take any
 interlocutory action, i.e., extending times for filing oppositions and seeking
 judicial review, obtaining agreement on facts from the parties, etc., as may be
 necessary to promptly dispose of the petition.
 

 

 
 1002.02(p) Petitions and Matters Decided by the Director of
 International Patent Legal Administration [R-01.2024]
 

 1. Petitions to withdraw the Notice of Acceptance and/or filing
 receipt and indication of the steps necessary for completion of the national stage in
 a national application requesting treatment under 35 U.S.C. 371 .
 

 2. Petitions for the withdrawal of attorney or agent of record in
 proceedings before PCT Operations and/or International Patent Legal Administration,
 37 CFR
 1.36 , MPEP § 402.06 .
 

 3. Petitions for access to an international application or a
 national application (i.e., a national stage application or a national application
 which is continuing from an international application) pending in PCT Operations
 and/or International Patent Legal Administration.
 

 4. Requests under 37 CFR 1.26 or 1.446 for
 refund of fees paid in an international application or in a national application
 (i.e., a national stage application or a national application which is continuing
 from an international application) before PCT Operations and/or International Patent
 Legal Administration.
 

 5. Petitions under 37 CFR 1.182 to convert a
 national application which was filed under 35 U.S.C. 371 to an application
 filed under 35
 U.S.C. 111(a) or to convert a national application which was
 filed under 35
 U.S.C. 111(a) to an application filed under 35 U.S.C.
 371 .
 

 6. Petitions under 37 CFR 1.181 to withdraw the
 holding of abandonment where the holding was made in PCT Operations or in
 International Patent Legal Administration.
 

 7. Petitions under 37 CFR 1.181 to invoke the
 supervisory authority of the Director of the USPTO in circumstances arising in PCT
 Operations and/or International Patent Legal Administration other than the
 circumstances set forth in paragraph 6, above.
 

 8. Petitions under 37 CFR 1.137 (unintentional
 delay) to revive an application filed under the Patent Cooperation Treaty (PCT).
 

 9. Petitions under pre-AIA 37 CFR 1.47 or a
 submission under pre-AIA 37 CFR 1.42 to accept the signature in a national
 stage application on behalf of an applicant.
 

 10. Requests under 37 CFR 1.48 or a submission under
 37 CFR
 1.28 (change of inventorship and small entity status,
 respectively) in a national stage application prior to entry into the national
 stage.
 

 11. Petitions under 37 CFR 1.182 or 1.183 filed in
 an international application relating to filing date matters, drawing problems,
 priority claim issues, Priority Mail Express ® problems,
 Chapter II Demand problems, issues relating to obvious mistakes and issues relating
 to withdrawal.
 

 12. Petitions under 37 CFR 1.182 or 1.183 dealing
 with circumstances other than those set forth in paragraph 11, but relating to issues
 under the PCT.
 

 13. Decisions withdrawing an examiner’s office action or other
 action in an application where either the application or the action is not in
 compliance with the provisions of the PCT, as implemented under U.S. Law or the
 Regulations.
 

 14. Requests under PCT Rule
 26bis.3 , 37 CFR
 1.55 , or 37 CFR 1.78 to restore the right
 of priority or domestic benefit in an international application filed under the PCT,
 a national stage application under 35 U.S.C. 371 , or in an
 application which claims the benefit of or priority to an international application
 filed under the PCT. 
 

 15. Petitions for the acceptance of a delayed priority
 claim under 37
 CFR 1.55 filed in a national stage application under
 35 U.S.C.
 371 or in an application which claims the benefit of or
 priority to an international application filed under the PCT.
 

 16. Petitions for the acceptance of a delayed domestic
 benefit claim under 37 CFR 1.78 filed in a national
 stage application under 35 U.S.C. 371 or in an
 application which claims the benefit of or priority to an international application
 filed under the PCT.
 

 17. Petitions dealing with PCT related issues in an
 application filed under 35 U.S.C. 111(a) (such as
 applications where there is a potential claim for benefit under 35 U.S.C.
 365 ).
 

 18. Petitions for extensions of time under
 37 CFR
 1.136(b) in applications before the International Patent Legal
 Administration.
 

 19. Petitions relating to international applications
 filed under the Patent Cooperation Treaty not otherwise provided for.
 

 20. Requests for participation in a Patent Prosecution
 Highway program ( www.uspto.gov/PPH ).
 

 21. Petitions to Make Special in accordance with
 international agreements with foreign patent offices.
 

 22. Requests for a certificate of correction that
 affects related U.S. application data or foreign priority data in a patent resulting
 from an application filed as a national stage application under 35 U.S.C. 371 
 or which claims the benefit of or priority to an international application filed
 under the PCT.
 

 23. Petitions for the late filing of a certified copy
 of foreign application under 37 CFR 1.55(f) dealing with PCT
 related issues (such as where the petition, filed in a national stage application,
 indicates that the certified copy was furnished in the international stage).
 

 24. Decisions to withdraw national stage applications
 under 35 U.S.C.
 371 from issue either under 37 CFR 1.313(a) before payment of
 the issue fee or under 37 CFR 1.313(b) after payment of
 the issue fee for failure to comply with 35 U.S.C. 371(c) .
 

 25. Petition under 37 CFR
 1.1023(b) to accord the international design application a
 filing date in the United States other than the date of international filing.
 

 26. Petitions under 37 CFR
 1.1051 to excuse the failure to act within prescribed time
 limits under the Hague Agreement.
 

 27. Petitions under 37 CFR
 1.1052 to convert an international design application to a
 design application under 35 U.S.C. chapter 16.
 

 28. Decisions withdrawing an examiner’s office action
 or other action in an application where either the application or the action is not
 in compliance with the provisions of the Hague Agreement, as implemented under U.S.
 Law or the Regulations.
 

 29. Petitions under 37 CFR 1.181 ,
 1.182 , or 1.183 in international design
 applications relating to issues under the Hague Agreement.
 

 30. Decisions relating to applications filed under the
 Hague Agreement not otherwise provided for.
 

 

 
 1002.02(q) Petitions and Requests Decided by the Director of Office of
 Patent Application Processing (OPAP) [R-01.2024]
 

 1. Requests under 37 CFR 1.48 filed on or after
 September 16, 2012 to correct inventorship in a nonprovisional application.
 

 2. Requests under 37 CFR 1.48(d) to add the name of
 an inventor in a provisional application.
 

 3. Requests under 37 CFR 1.48(e) to delete the name
 of the person erroneously named as an inventor in a provisional application.
 

 4. 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 Office of Patent Application
 Processing.
 

 5. Requests to convert a provisional application filed under
 37 CFR
 1.53(c) to a nonprovisional application under 37 CFR 1.53(b) 
 where the provisional application is before the Office of Patent Application
 Processing.
 

 6. Petitions under 37 CFR 1.182 to accept omitted
 page(s) or drawing(s) and be accorded a filing date as of the date of such
 submission, or to accept drawings for purposes of a patent application
 publication.
 

 7. Petitions for extension of time under 37 CFR 1.136(b) 
 in applications before the Office of Patent Application Processing.
 

 8. Petitions for the withdrawal of attorney or agent
 of record under 37 CFR 1.36 in patent applications involved in proceedings
 before the Office of Patent Application Processing.
 

 

 
 1002.02(r) Petitions Decided by the Director of Office of Data
 Management [R-07.2015]
 

 1. Petitions to withdraw holding of abandonment where a notice of
 abandonment has been, or could have been properly mailed by the Office of Data
 Management.
 

 2. Petitions for express abandonment to avoid publication of the
 application (should be directed to Mail Stop Express Abandonment), 37 CFR
 1.138(c) , MPEP § 711.01 .
 

 3. Requests for republication of an application,
 37 CFR
 1.221(a) , MPEP § 1130 .
 

 

 
 1002.02(s) Petitions and Matters Decided in the Technology
 Centers [R-07.2015]
 

 The following petitions to make patent applications special under
 the accelerated examination program set forth in MPEP § 708.02(a) 
 are decided in the Technology Centers:
 

 a. petitions filed with payment of fee under
 37 CFR
 1.17(h) ;
 

 b. petitions filed with a statement that the invention will
 materially enhance the quality of the environment ( 37 CFR
 1.102(c)(2)(i) and MPEP § 708.02 , subsection III);
 

 c. petitions filed with a statement that the invention will
 materially contribute to the development or conservation of energy resources
 ( 37 CFR
 1.102(c)(2)(ii) and MPEP § 708.02 , subsection IV);
 

 d. petitions filed with a statement that the invention
 will materially contribute to countering terrorism ( 37 CFR
 1.102(c)(2)(iii) and MPEP § 708.02 , subsection V); or
 

 e. petitions filed for reasons not otherwise provided for.

 

 
 1002.02(t) Requests Decided by the Deputy Commissioner
 for Patents who oversees the Office of Information Technology for Patents [R-01.2024]
 

 The Deputy Commissioner for Patents who oversees the
 Office of Information Technology for Patents has been delegated the authority to
 decide requests from participants in the Electronic Office (e-Office) Action Program
 to reset a time period for reply when a reply is due, an email notification has been
 delayed or was not received, and the participant contacted the Electronic Business
 Center (EBC) within one-month from the email date. MPEP § 710.06 .
 

 

 

 [top] 

 

 

 
 

 
 

 

 

 

 
 
 
 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 

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 03/09/2026 20:49:24