35 U.S.C. § 6 — Patent Trial and Appeal Board (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 6 Patent Trial and Appeal Board
This page consolidates MPEP guidance interpreting 35 U.S.C. § 6, including 42 rules 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.
Summary
The Patent Trial and Appeal Board (PTAB) reviews adverse decisions of examiners on patent applications, with the Chief Administrative Patent Judge overseeing these petitions.
What this section covers
- This section covers petitions for review of examiner decisions on patent applications.
- The Chief Administrative Patent Judge reviews these petitions and oversees the PTAB's decision-making process.
Key obligations
- Practitioners must file petitions for review within the prescribed time frame.
- Petitions must include a statement of grounds for appeal and any supporting evidence.
- Compliance with USC 35 and CFR regulations is required for petitions to be considered valid.
Practice notes
- Ensure all required documentation and evidence are included in the petition for a successful review.
- Missing the deadline for filing petitions can result in automatic dismissal of the case.
Official MPEP § 6 — Patent Trial and Appeal Board
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 6 Patent Trial and Appeal Board.
[Editor Note: Applicable to proceedings commenced on or after September 16, 2012.* See 35 U.S.C. 6 (pre‑AIA) for the law otherwise applicable.]
- (a) IN GENERAL.—There shall be in the Office a Patent Trial and Appeal Board. The Director, the Deputy Director, the Commissioner for Patents, the Commissioner for Trademarks, and the administrative patent judges shall constitute the Patent Trial and Appeal Board. The administrative patent judges shall be persons of competent legal knowledge and scientific ability who are appointed by the Secretary, in consultation with the Director. Any reference in any Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Board of Patent Appeals and Interferences is deemed to refer to the Patent Trial and Appeal Board.
- (b) DUTIES.—The Patent Trial and Appeal Board
shall—
- (1) on written appeal of an applicant, review adverse decisions of examiners upon applications for patents pursuant to section 134(a) ;
- (2) review appeals of reexaminations pursuant to section 134(b) ;
- (3) conduct derivation proceedings pursuant to section 135 ; and
- (4) conduct inter partes reviews and post-grant reviews pursuant to chapters 31 and 32 .
- (c) 3-MEMBER PANELS.—Each appeal, derivation proceeding, post-grant review, and inter partes review shall be heard by at least 3 members of the Patent Trial and Appeal Board, who shall be designated by the Director. Only the Patent Trial and Appeal Board may grant rehearings.
- (d) TREATMENT OF PRIOR APPOINTMENTS.—The Secretary of Commerce may, in the Secretary’s discretion, deem the appointment of an administrative patent judge who, before the date of the enactment of this subsection, held office pursuant to an appointment by the Director to take effect on the date on which the Director initially appointed the administrative patent judge. It shall be a defense to a challenge to the appointment of an administrative patent judge on the basis of the judge’s having been originally appointed by the Director that the administrative patent judge so appointed was acting as a de facto officer.
(Repealed by Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-580 (S. 1948 sec. 4715(a).)
(Added Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-580 (S. 1948 sec. 4717(2)); subsection (a) amended Nov. 2, 2002, Public Law 107-273, sec. 13203, 116 Stat. 1902; subsection(a) amended and subsections (c) and (d) added Aug. 12, 2008, Public Law 110-313, sec. 1(a)(1), 122 Stat. 3014; amended Sept. 16, 2011, Public Law 112-29, sec. 7(a) (effective Sept. 16, 2012), 125 Stat. 284.*)
*NOTE: The provisions of this section as in effect on Sept. 15, 2012 ( 35 U.S.C. 6 (pre‑AIA) ) apply to interference proceedings that are declared after September 15, 2012 under 35 U.S.C. 135 (pre‑AIA) . See Public Law 112-274, sec. 1(k)(3), 126 Stat. 2456 (Jan. 14, 2013).
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