Modes of Exercising Authority

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. The line of demarcation between appealable matters for the Patent Trial and

Appeal Board (Board) and petitionable matters for the Director of the U.S. Patent and

Trademark Office (Director) should be carefully observed. The Board will not ordinarily

hear a question that should be decided by the Director on petition, and the Director

will not ordinarily entertain a petition where the question presented is a matter

appealable to the Board. See

MPEP Chapter 1200

for more information

on appealable matters.

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.

[top]