How are cases heard by the Patent Trial and Appeal Board?
Cases before the Patent Trial and Appeal Board (PTAB) are heard by panels of at least three members, as specified in 35 U.S.C. 6(c). The MPEP states:
“Each appeal, derivation proceeding, post-grant review, and inter partes review shall be heard by at least three members of the Board, who shall be designated by the Director. Only the Patent Trial and Appeal Board may grant rehearings.”
This means that for every case, whether it’s an appeal, derivation proceeding, post-grant review, or inter partes review, a minimum of three PTAB members will be assigned to hear and decide on the matter. The Director of the USPTO is responsible for designating which members will serve on each panel.
It’s important to note that only the PTAB has the authority to grant rehearings, which adds an additional layer of review to the process.
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