Chapter 1000

Matters Decided by Various U.S. Patent and Trademark Office Officials

Chapter 1000 defines the decision-making authority of various USPTO officials. Petitions from examiner decisions go to the Technology Center Director; PTAB handles appeals on the merits of rejections.

Core Concepts

Petitions vs Appeals — MPEP 1001/1201 Petitions: challenges to procedural matters and discretionary decisions — decided by Office of Petitions or Technology Center Director. Appeals: challenges to merits of rejections (anticipation, obviousness, 112) — decided by PTAB. Critical rule: wrong path = wrong forum. Filing appeal when petition is proper, or vice versa, does not preserve rights.

Petition Hierarchy — MPEP 1002 Technology Center Director: petitions on examiner procedural matters, restriction requirements, withdrawal from issue. Office of Petitions: revival of abandoned applications, late filings, miscellaneous procedural matters. Commissioner for Patents: petitions on matters delegated to Commissioner. Director of USPTO: final petition authority.

Time to File Petition — MPEP 1002 Petitions must be filed within 2 months of the mailing date of the action petitioned from, unless otherwise specified. Extendable under 37 CFR 1.136. Failure to timely petition waives the right.

PTAB Authority — MPEP 1201 PTAB decides: anticipation (102), obviousness (103), written description/enablement/definiteness (112), double patenting. PTAB does NOT decide: procedural matters, restriction requirements, revival petitions — those go to petitions route.

Key Rules

1.Petition: procedural/discretionary matters → Technology Center Director or Office of Petitions

2.Appeal: merits of rejection → PTAB

3.Restriction requirement: traverse by petition NOT appeal

4.Petition deadline: 2 months from mailing date of challenged action

5.Wrong forum does not preserve rights — petition vs appeal distinction is critical

6.PTAB handles 102, 103, 112 rejections — not procedural matters

EXAM TIP

Petition vs appeal distinction is heavily tested. Restriction requirements are petitioned, not appealed. Rejections on the merits (102, 103, 112) are appealed to PTAB, not petitioned. Filing one when the other is required does not toll any deadline.

Common Traps

1.Appealing a restriction requirement — must petition, not appeal

2.Petitioning a 103 obviousness rejection — must appeal to PTAB

3.Missing the 2-month petition deadline

4.Thinking PTAB handles revival of abandoned applications — that is a petition matter

Search Terms

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Sections

1001Statutory Authority of Director of the USPTO

1002Petitions to the Director of the USPTO

1003Matters Submitted to Technology Center Directors

1004Actions Which Require the Attention of a Primary Examiner

1005Exceptions to Partial Signatory Authority