What changes were made to the Board’s name and duties in recent legislation?

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.

The America Invents Act (AIA), enacted as Pub. L. 112-29, made significant changes to the patent appeal board. According to the MPEP:

“35 U.S.C. 6 was amended in Pub. L. 112-29, sec. 7. In addition to changing the duties of the Board and clarifying its membership, the name of the Board was changed from the Board of Patent Appeals and Interferences (BPAI) to the Patent Trial and Appeal Board (PTAB), effective September 16, 2012.”

Key changes include:

• Renaming the board from BPAI to PTAB
• Expanding and clarifying the board’s duties
• Updating the board’s membership structure

The MPEP also notes that any references to the BPAI or its predecessors should now be treated as references to the PTAB. However, decisions mailed prior to September 16, 2012, should still be cited as decisions of the BPAI or its predecessor organizations.