What is the difference between final and non-final actions by the Board?
The MPEP distinguishes between final and non-final actions by the Patent Trial and Appeal Board (PTAB) based on who is authorized to take such actions. According to 37 CFR 41.2, the MPEP states:
“Board” means the Patent Trial and Appeal Board and includes:
(A) For a final Board action:
(1) In an appeal or contested case, a panel of the Board;
(2) In a proceeding under 37 CFR 41.3, the Chief Administrative Patent Judge or another official acting under an express delegation from the Chief Administrative Patent Judge.
(B) For non-final actions, a Board member or employee acting with the authority of the Board.
Key differences:
- Final Board actions are made by either a panel of the Board in appeals or contested cases, or by the Chief Administrative Patent Judge (or delegated official) in certain proceedings.
- Non-final actions can be made by individual Board members or employees acting with the Board’s authority.
This distinction is important for understanding the level of authority behind different Board actions and their potential impact on patent proceedings.
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