What happens if an Administrative Patent Judge becomes unavailable during the rehearing process?

The MPEP 1214.03 addresses the situation where an Administrative Patent Judge (APJ) becomes unavailable during the rehearing process. It states:

“Should an Administrative Patent Judge (APJ) retire or otherwise become unavailable to reconsider a decision, normally another APJ will be designated as a substitute for the unavailable APJ.”

This procedure ensures that:

• The rehearing process can continue without undue delay.
• The composition of the panel remains complete for decision-making purposes.
• The expertise of the Board is maintained in reconsidering the decision.

This provision helps to maintain the continuity and efficiency of the rehearing process, even when unexpected changes occur in the availability of specific judges.

To learn more:

• Administrative Patent Judge
• rehearing process
• patent appeal
• MPEP 1214.03