What are the main duties of the Patent Trial and Appeal Board?
The Patent Trial and Appeal Board (PTAB) has several important duties as outlined in 35 U.S.C. 6(b):
- Review adverse decisions of examiners upon written appeal of an applicant
- Review appeals of reexaminations
- Conduct derivation proceedings
- Conduct inter partes reviews and post-grant reviews
The MPEP specifically states:
“The Patent Trial and Appeal Board shall— (1) on written appeal of an applicant, review adverse decisions of examiners upon applications for patents pursuant to section 134(a); (2) review appeals of reexaminations pursuant to section 134(b); (3) conduct derivation proceedings pursuant to section 135; and (4) conduct inter partes reviews and post-grant reviews pursuant to chapters 31 and 32.”
These duties encompass a wide range of patent-related proceedings and appeals, making the PTAB a crucial part of the patent examination and review process.
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