How does the USPTO handle significant court or Patent Trial and Appeal Board decisions?

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.

The USPTO has a structured process for handling significant court or Patent Trial and Appeal Board (PTAB) decisions that affect patent policy or practice. According to MPEP 1721:

“In the event the Patent Trial and Appeal Board (Board) or court decision is one that significantly adds to the body of law by, for example, addressing a new legal or procedural issue, or providing a new interpretation of a prior decision, such a decision may result in a United States Patent and Trademark Office (USPTO) memorandum pointing out the significance of the decision to the examination process.”

This means that when a decision is deemed significant, the USPTO may issue a memorandum to highlight its importance and potential impact on patent examination procedures.