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20 - General Supervisory Review by the Director of USPTO of a decision by a Director of the Technology Center

Reviewing Office: The Office of Petitions

Deciding Official:  Deputy Commissioner for Patent Examination Policy

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 to follow for filing a Petition for General Supervisory Review by the Director:

  • Petition must explicitly seek a review by the Director of USPTO of the decision by a Director of the Technology center
  • Petition must Identify and Explain how, in Petitioner’s view, the specific Rules, Statute or Guidelines in MPEP have not been adhered to in the decision by a Director of the Technology center that is to be reviewed.
  • Petition must clearly set forth the specific relief sought.
  • 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:

  • No Petition fee is required.

How to File:

For the relevant patent laws and rules applicable to Petition 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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Last Modified: 10/23/2013 11:34:32 AM