Other Fields
Agency Scheme: 
USDCPDIS0023
Level: 
Appeal Level One
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
Office of the Director
Appeal Office (global name): 
Department of Commerce: Office of the Director (USPTO)
Sub-Agency/Bureau/Division:: 
US Patent and Trademark Office
Appeal Officer #1 (Title): 
Director
Are administrative appeals permitted from final decisions issued by this appellate office?: 
No
Comments/Notes on Adjudication Structure: 
Though the Director's decision may not be appealed, a party may file for review of the decision by the Director himself. See 37 CFR 11.57
PROCESS & PROCEDURE - General Information
Which party (or parties) is/are permitted to file appeals with this office?: 
Either
Are private parties permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Attorney
Is the agency permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Regulations/rules of practice for appeal hearings (please include CFR citations): 
37 CFR Part 11, Subpart C
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
Please provide the approximate percentage of each type of hearing relative to the total number of appeal hearings (FY2013)
Written (Document-Only) Hearing: 
100%
How is the type of hearing selected for appeals heard by this office?: 
Required by Rule
How many appeal officers preside at each hearing?: 
One
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?: 
No
Can third-parties submit amicus briefs and/or evidence?: 
Adjudication Officer Discretion
Are appeal hearings recorded and/or transcribed?: 
N/A (Document-Only Hearings)
Are appeal hearings open to the public?: 
N/A (Document-Only Hearing)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
Who has authority to issue final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?: 
No
PROCESS & PROCEDURE - Case Management
Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?: 
Yes
Are final decisions issued by this appellate office published and/or posted on the agency website?: 
No
Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?: 
No
Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?: 
No
PROCESS & PROCEDURE
Comments/Notes on Appellate Process & Procedures (Optional): 
NOTE: "The USPTO Director may order reopening of a disciplinary proceeding in accordance with the principles that govern the granting of new trials. Any request to reopen a disciplinary proceeding on the basis of newly discovered evidence must demonstrate that the newly discovered evidence could not have been discovered by due diligence." See 37 CFR 11.55(h). NOTE: "In the absence of an appeal by the OED Director, failure by the respondent to appeal under the provisions of this section shall result in the initial decision being final and effective thirty days from the date of the initial decision of the hearing officer." See 37 CFR 11.55(i).
ADR: General Information
Is ADR available at one or more points for appellate cases heard by this office?: 
No
Verified by Agency: 
Not verified