1002.02(c)(4) Petitions Decided in the Central Reexamination Unit [R-08.2017]

Created On
byChhabra Law Firm

In addition to the items delegated to Technology Center Directors under MPEP § 1002.02(c), authority to decide the following is delegated to the Director of the Central Reexamination Unit (CRU). Where specifically indicated, the authority is further delegated to the CRU Supervisory Patent Reexamination Specialists (SPRS) as noted below:

  • 1. Petitions under 37 CFR 1.181(a)(1) from any action or requirement of any examiner in ex parte and inter partes reexamination proceedings including any request for reconsideration of a decision on such a petition. See MPEP § 1002.02(c), item 3, for petitions seeking supervisory review of prior decisions of petitions under 37 CFR 1.181(a)(1).
  • 2. Petitions under 37 CFR 1.550(c) for an extension of time in ex parte reexamination proceedings (further delegated to SPRS).
  • 3. Petitions under 37 CFR 1.956 for an extension of time in inter partes reexamination proceedings (further delegated to SPRS).
  • 4. Petitions under 37 CFR 1.59 to expunge papers (further delegated to SPRS).

Petitions in ex parte and inter partes reexamination proceedings for actions occurring after jurisdiction has transferred to the Patent Trial and Appeal Board (Board) or for petitions that have been expressly delegated to be decided by the Board are appropriately filed under 37 CFR 41.3. See MPEP §§ 1002.02(f) and 1002.02(j) for more information on petitions and other matters decided by the Board.