Delegation of Authority To Decide Petitions

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

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.