What is the process for remanding a case to the Patent Trial and Appeal Board (PTAB) after a Federal Circuit decision?

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.

When a case is remanded to the Patent Trial and Appeal Board (PTAB) following a decision by the U.S. Court of Appeals for the Federal Circuit, the process typically involves the following steps:

• The Federal Circuit issues its mandate, officially returning jurisdiction to the PTAB.
• The PTAB then reviews the court’s decision and instructions for remand.
• Depending on the court’s instructions, the PTAB may:
  • Reconsider the case based on new guidance
  • Conduct further proceedings as directed
  • Issue a new decision addressing the points raised by the Federal Circuit

As stated in MPEP 1216.01: “The Patent Trial and Appeal Board, having jurisdiction over the proceeding, may take action in accordance with the court’s mandate such as requesting briefing from the parties, making a decision in the case, or dismissing the appeal.”