What is the composition of the Patent Trial and Appeal Board (PTAB)?
The Patent Trial and Appeal Board (PTAB) is composed of several key members as outlined in 35 U.S.C. 6(a):
- The Director of the USPTO
- The Deputy Director
- The Commissioner for Patents
- The Commissioner for Trademarks
- Administrative patent judges
Specifically, the MPEP states: The Director, the Deputy Director, the Commissioner for Patents, the Commissioner for Trademarks, and the administrative patent judges shall constitute the Patent Trial and Appeal Board.
Administrative patent judges are appointed by the Secretary of Commerce in consultation with the Director and must be “persons of competent legal knowledge and scientific ability.”
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