Can I request a rehearing after a PTAB decision?
Yes, you can request a rehearing after a Patent Trial and Appeal Board (PTAB) decision. Here are key points to consider:
- A request for rehearing must be filed within 30 days of the original PTAB decision.
- Filing a rehearing request extends the time for seeking judicial review.
- The rehearing request should address specific points believed to be misapprehended or overlooked by the Board.
According to MPEP 1216: “The time for seeking review by the Federal Circuit may be extended by filing a request for rehearing within the time specified in 37 CFR 90.3(b).”
It’s crucial to note that the rehearing request doesn’t automatically stay the period for seeking judicial review, but it does reset the clock for filing an appeal to the Federal Circuit if the request is denied.
To learn more: