MPEP Section 1001.01, Modes of Exercising Authority

Executive summary:

This document contains Section 1001.01 ("Modes of Exercising Authority ") of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Eighth Revision (July 2010). This page was last updated in January 2011. You may return to the section index to find a particular section. Alternatively, you may search the MPEP using the search box that appears on the left side of every page of BitLaw--you may restrict your search to the MPEP on the search results page.

For more information on patent law, please see the Patent Section of BitLaw. For patent services, see the Beck & Tysver pages.

Previous Section (§1001) | Next Section (§1002)

1001.01 Modes of Exercising Authority [R-2]

The * authority >of the Director of the USPTO< to review and supervise the work of the Office is exercised by the promul­gation of the Rules of Practice; issuance of orders, notices and memoranda stating Office policies and modes for effectuating these policies; decisions on petitions by applicants; and by the designation of particular cases which must be submitted to the *>Director of the USPTO< or other officials authorized by the *>Director of the USPTO<. The present Chapter deals with the latter two items.

37 CFR 1.181(g) states, "The *>Director< may delegate to appropriate Patent and Trademark Office officials the determination of petitions."

The various delegations to various Office officials are set forth in this Chapter.

The delegations set forth in this Chapter do not confer a right to have a matter decided by a specific Office official, rather, such delegations aid in the efficient treatment of petitions by the Office. A delegation of supervisory or higher level review authority over a matter carries with it the authority to decide the matter ab initio.