What happens when a Patent Trial and Appeal Board (PTAB) decision is rendered?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

When a Patent Trial and Appeal Board (PTAB) decision is rendered, the following process occurs:

1. The decision is returned to the examiner.
2. The examiner takes action consistent with the Board’s decision.
3. If a rehearing of the Board decision is not requested, the examiner proceeds based on the decision.

As stated in the MPEP: “A decision rendered by the Patent Trial and Appeal Board (Board) is returned to the examiner. The examiner takes action consistent with the decision rendered by the Board unless rehearing of the Board decision is requested (MPEP § 1214.03).”

It’s important to note that if a rehearing is requested, the examiner’s actions may be delayed pending the outcome of the rehearing request.