What happens if the Federal Circuit reverses a Board decision?
When the Federal Circuit reverses a Board decision, the case is typically remanded back to the USPTO for further proceedings consistent with the court’s decision. The MPEP 1216 outlines the process:
“When the case is remanded to the Board, a decision will be rendered in accordance with the remand order. The Board may simply implement the Federal Circuit’s decision or may take other action consistent with the remand order.”
After the remand, the Board will reconsider the case in light of the Federal Circuit’s instructions. This may involve:
- Issuing a new decision based on the court’s guidance
- Reopening prosecution if necessary
- Considering new evidence or arguments if permitted by the remand order
It’s important to note that the specific actions taken will depend on the nature of the Federal Circuit’s decision and any specific instructions provided in the remand order.
To learn more: