How is a decision by the Board of Patent Appeals and Interferences (BPAI) processed in reexamination?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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.

When the Board of Patent Appeals and Interferences (BPAI) issues a decision in a reexamination proceeding, the following steps are taken:

  1. The decision is scanned into the Image File Wrapper (IFW).
  2. The decision is forwarded to the Central Reexamination Unit (CRU).
  3. A copy of the decision is mailed to the patent owner and any third party requester.
  4. The CRU processes the decision for subsequent action.

As stated in MPEP 2245: “The Board of Patent Appeals and Interferences (Board) decision is scanned into the Image File Wrapper (IFW) and forwarded to the Central Reexamination Unit (CRU).” This process ensures proper documentation and handling of the Board’s decision in the reexamination proceedings.

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents MPEP 2245 - Processing Of Decision Patent Law Patent Procedure
Tags: Contested Case Jurisdiction