What types of petitions are decided by Administrative Patent Judges?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

Administrative Patent Judges decide several types of petitions, including:

  • Certification of policy questions
  • Motions to waive or suspend rules in patent trials
  • Declarations and re-declarations of interferences
  • Institutions of derivation proceedings
  • Motions to suspend interferences involving patents under reexamination

As stated in MPEP 1002.02(g), these decisions are made in accordance with specific regulations such as 37 CFR 41.3(a), 37 CFR 41.104(b), 37 CFR 41.203, 37 CFR 42.408(a), and 37 CFR 1.565(e) and 1.993.

Tags: administrative patent judges, Derivation Proceedings, Interferences, patent trials, petitions