How does the jurisdiction change after a PTAB 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.

After a Patent Trial and Appeal Board (PTAB) decision, there is a significant change in jurisdiction over the application or patent:

MPEP 1214 states: “After decision by the Board, jurisdiction over an application or patent under ex parte reexamination proceeding passes to the examiner, subject to appellant’s right of appeal or other review, for such further action by appellant or by the examiner, as the condition of the application or patent under ex parte reexamination proceeding may require, to carry into effect the decision.“

This jurisdictional change involves:

• Transfer of jurisdiction from the PTAB back to the examiner
• The examiner’s authority to take further action, subject to the appellant’s rights
• Potential for the appellant to file an appeal or seek other review
• The examiner’s responsibility to implement the Board’s decision

However, it’s important to note that the examiner must wait for the expiration of the appeal and rehearing request periods before taking any action if the Board affirms or affirms in part the examiner’s decision.