What authority does the Chief Administrative Patent Judge have regarding petitions and matters at the Patent Trial and Appeal Board?

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.

The Chief Administrative Patent Judge has extensive authority over various petitions and matters at the Patent Trial and Appeal Board (PTAB). According to MPEP 1002.02(f), this authority includes:

  • Re-delegating authority to other judges
  • Ordering the dismissal of certain interferences
  • Designating PTAB members for various proceedings
  • Handling requests related to superintending PTAB functions

The MPEP states: “The Chief Administrative Patent Judge is authorized to re-delegate authority to decide any of these petitions or matters to the Deputy Chief Administrative Patent Judge, to a Vice Chief Administrative Patent Judge, a Lead Administrative Patent Judge, or to an Administrative Patent Judge of the Patent Trial and Appeal Board.”

Tags: authority, chief administrative patent judge, patent trial and appeal board, petitions, Ptab