General supervisory review by the Director of USPTO of a decision by a director of the Technology Center

Reviewing Office:  Office of Petitions

Deciding Official:  Deputy Commissioner for Patents

The criteria for general supervisory review by the Director are set forth in 37 CFR 1.181, MPEP § 1002.

In general, these are the steps for filing a petition for general supervisory review by the Director:

  1. A statement of the type of relief requested and the authorizing provision of statute or rules, if applicable;
  2. A statement of the relevant facts;
  3. An identification of the points that are to be reviewed; and
  4. The fee, where required.

Petitioner should note that under 37 CFR 1.181(f) the mere filing of a petition under 37 CFR 1.181 will not stay any period for reply that may be running against the application, nor act as a stay of other proceedings.

Any petition under 37 CFR 1.181 not filed within two-months of the mailing date of the action or notice from which relief is requested may be dismissed as untimely, except as otherwise provided. This two-month period is not extendable.

Fees: 

None, unless otherwise specified.

How to file:

This petition may be filed using any of these delivery methods.

For the relevant patent laws and rules applicable to petitions for general supervisory review by the Director, please see:

  • 37 CFR 1.181, Petition to the Director; and
  • MPEP § 1002, Petitions to the Director of the USPTO

Forms:

No form available. Submit a signed request that includes information listed in Requirements of a petition.

For further assistance, please contact the Petitions Help Desk between 8:30 AM - 5 PM (EDT).

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The Federal Register is the authoritative source and should be consulted if a need arises to verify the authenticity of the language for any CFR citation.