T.M.E.P. § 1707
Director's Supervisory Authority Under 37 C.F.R. 2.146(a)(3)

Executive summary:

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1707 Director's Supervisory Authority Under 37 C.F.R. 2.146(a)(3)

Under 35 U.S.C. §2 and 37 C.F.R. 2.146(a)(3), the Director may exercise supervisory authority on petition in appropriate circumstances. As noted in TMEP §1706 , the Director may review the actions of an examiner or paralegal under 37 C.F.R. 2.146(a)(3), using the "clear error" standard of review.

In some cases, the Director will exercise supervisory authority under 37 C.F.R. 2.146(a)(3) even where there has been no clear error or abuse of discretion, if a petitioner can show that it has substantially complied with the requirements of the statute or rules. See In re Carnicon Development Company, 34 USPQ2d 1541 (Comm'r Pats. 1992) (assertion of verified date of first use, coupled with statement of current method of use, interpreted as substantially in compliance with minimum filing requirement of 37 C.F.R. 2.88(e)(3) for an allegation that the "mark is in use in commerce" in a statement of use).

The Director may also exercise supervisory authority under 37 C.F.R. 2.146(a)(3) to make changes to USPTO practice. See In re Umax Data System, Inc., 40 USPQ2d 1539 (Comm'r Pats. 1996) (announcing change in standard of review of petitions to review Post Registration examiners' decisions on amendments to registrations under 15 U.S.C. 1057).