How can a policy question be certified to the Chief Administrative Patent Judge?

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.

A policy question can be certified to the Chief Administrative Patent Judge for decision according to 37 CFR 41.3(a). As mentioned in MPEP 1002.02(g), this is one of the petitions decided by Administrative Patent Judges:

“1. Certification of a question of policy to the Chief Administrative Patent Judge for decision. 37 CFR 41.3(a).”

This process allows for important policy matters to be addressed at a high level within the Patent Trial and Appeal Board.

Tags: chief administrative patent judge, patent trial and appeal board, policy questions