Who are considered “Board members” according to USPTO regulations?
According to 37 CFR 41.2, the term “Board member” has a specific definition in the context of the Patent Trial and Appeal Board (PTAB). The MPEP states:
“Board member” means the Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office, the Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the U.S. Patent and Trademark Office, the Commissioner for Patents, the Commissioner for Trademarks, and the administrative patent judges.
This definition includes:
- The USPTO Director
- The Deputy USPTO Director
- The Commissioner for Patents
- The Commissioner for Trademarks
- Administrative patent judges
It’s important to note that this definition aligns with the composition of the PTAB as outlined in 35 U.S.C. 6(a), ensuring consistency in the board’s structure and authority.
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