What happens after the Patent Trial and Appeal Board (PTAB) makes a decision?

After the Patent Trial and Appeal Board (PTAB) makes a decision, the following steps occur:

  • A copy of the decision is provided to the appellant and placed in the Image File Wrapper (IFW).
  • The application is electronically returned to the Technology Center with an updated status reflecting the Board’s decision.
  • Jurisdiction over the application or patent under ex parte reexamination passes to the examiner, subject to the appellant’s right of appeal or other review.

As stated in MPEP 1214: “After decision by the Board, jurisdiction over an application or patent under ex parte reexamination proceeding passes to the examiner, subject to appellant’s right of appeal or other review, for such further action by appellant or by the examiner, as the condition of the application or patent under ex parte reexamination proceeding may require, to carry into effect the decision.

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Tags: board decision, ex parte reexamination, jurisdiction, patent trial and appeal board, Ptab