How is the Patent Trial and Appeal Board (PTAB) defined in the MPEP?
The Manual of Patent Examining Procedure (MPEP) provides a comprehensive definition of the Board, which refers to the Patent Trial and Appeal Board (PTAB). According to MPEP 2301.02:
“Board means the Patent Trial and Appeal Board and includes: (1) For a final Board action: (i) In an appeal or contested case, a panel of the Board. (ii) In a proceeding under § 41.3, the Chief Administrative Patent Judge or another official acting under an express delegation from the Chief Administrative Patent Judge. (2) For non-final actions, a Board member or employee acting with the authority of the Board.”
This definition clarifies that the PTAB can act through panels, individual judges, or authorized employees, depending on the type and stage of the proceeding.
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