MPEP Section 1002.02(o), Petitions and Other Matters Decided by the Deputy ** >Director of the USPTO<

Executive summary:

This document contains Section 1002.02(o) ("Petitions and Other Matters Decided by the Deputy ** >Director of the USPTO<") 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.

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1002.02(o) Petitions and Other Matters Decided by the Deputy ** >Director of the USPTO< [R-2]

The authority to take the following actions has been delegated to the Deputy ** >Director of the USPTO<.

1. Decide petitions to the *>Director of the USPTO< in patent interference proceedings under 37 CFR 1.644.

2. Decide petitions to the *>Director of the USPTO< from actions taken by the Board of Patent Appeals and Interferences.

**

If there is a vacancy in the position of Deputy ** >Director of the USPTO<, decisions on petitions in patent interference cases will be signed by the ** >Director of the USPTO<.

Upon receipt of a petition and without waiting for any opposition, the entire interference 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.