What types of issues does the Patent Trial and Appeal Board (PTAB) review?
The Patent Trial and Appeal Board (PTAB) has a specific scope of review in patent examinations. According to the MPEP:
The practical difference between a rejection and an objection is that a rejection, involving the merits of the claim, is subject to review by the Patent Trial and Appeal Board, while an objection, if persisted, may be reviewed only by way of petition to the Director of the USPTO.
This means that the PTAB primarily reviews:
- Rejections of patent claims
- Issues related to the patentability of the claimed subject matter
- Matters involving the merits of the claims
The MPEP further clarifies: the Board will not hear or decide issues pertaining to objections and formal matters which are not properly before the Board.
This underscores that formal objections and procedural matters are outside the PTAB’s purview and are instead handled through the USPTO’s petition process.
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