MPEP § 1002.02(f) — Petitions and Matters Decided by the Chief Administrative Patent Judge of the Patent Trial and Appeal Board (Annotated Rules)
§1002.02(f) Petitions and Matters Decided by the Chief Administrative Patent Judge of the Patent Trial and Appeal Board
This page consolidates and annotates all enforceable requirements under MPEP § 1002.02(f), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Petitions and Matters Decided by the Chief Administrative Patent Judge of the Patent Trial and Appeal Board
This section addresses Petitions and Matters Decided by the Chief Administrative Patent Judge of the Patent Trial and Appeal Board. Primary authority: 35 U.S.C. 6, 35 U.S.C. 135(c), and 37 CFR 42.200(d). Contains: 9 statements.
Key Rules
PTAB Jurisdiction
3. Designation of members of the Patent Trial and Appeal Board to, on written appeal, review adverse decisions of examiners upon applications for patents, review appeals of ex parte reexaminations, conduct derivation proceedings, conduct inter partes reviews and post-grant reviews, initially and on request for reconsideration. 35 U.S.C. 6.
3. Designation of members of the Patent Trial and Appeal Board to, on written appeal, review adverse decisions of examiners upon applications for patents, review appeals of ex parte reexaminations, conduct derivation proceedings, conduct inter partes reviews and post-grant reviews, initially and on request for reconsideration. 35 U.S.C. 6.
4. Designation of members of the Patent Trial and Appeal Board to conduct proceedings in an interference including the determination of priority and patentability of invention. Pre-AIA 35 U.S.C. 6.
4. Designation of members of the Patent Trial and Appeal Board to conduct proceedings in an interference including the determination of priority and patentability of invention. Pre-AIA 35 U.S.C. 6.
7. Petitions under pre-AIA 35 U.S.C. 135(c):
- a. Petitions under pre-AIA 35 U.S.C. 135(c) and 37 CFR 41.205(b) to permit the filing of an agreement or understanding during the 6-month period subsequent to termination of an interference.
- b. Petitions under 37 CFR 41.205(d) for access to copies of an interference agreement or understanding filed under pre-AIA 35 U.S.C. 135(c).
Settlement of Contested Case
7. Petitions under pre-AIA 35 U.S.C. 135(c) a. Petitions under pre-AIA 35 U.S.C. 135(c) and 37 CFR 41.205(b) to permit the filing of an agreement or understanding during the 6-month period subsequent to termination of an interference.
7. Petitions under pre-AIA 35 U.S.C. 135(c) b. Petitions under 37 CFR 41.205(d) for access to copies of an interference agreement or understanding filed under pre-AIA 35 U.S.C. 135(c).
AIA Effective Dates
2. Ordering, in the interests-of-justice, an interference commenced before September 16, 2012 to be dismissed without prejudice to the filing of a petition for post-grant review. 37 CFR 42.200(d).
Post-Grant Proceedings Under AIA
2. Ordering, in the interests-of-justice, an interference commenced before September 16, 2012 to be dismissed without prejudice to the filing of a petition for post-grant review. 37 CFR 42.200(d).
Abandonment & Appeals
6. Requests related to superintending the functions of the Patent Trial and Appeal Board, including:
- a. Requests for decision on a question of policy certified by a panel or an administrative patent judge of the Patent Trial and Appeal Board. 37 CFR 41.3(a).
- b. Petitions to review a determination of a non-compliant brief. 37 CFR 41.37(d), 41.68(c), and 41.71(e).
- c. Certification of a decision by a panel of the Patent Trial and Appeal Board to disqualify counsel for cause in a trial proceeding. 37 CFR 42.10(d).
- d. Extensions of pendency for a period of up to six months in an inter partes or a post-grant review proceeding. 37 CFR 42.100(c), 42.200(c), and 42.300(c).
- e. Petitions under 37 CFR 1.181, 1.182, and 1.183 from actions of the Patent Trial and Appeal Board.
- f. Petitions for an extension of time for seeking rehearing in an ex parte appeal before the Patent Trial and Appeal Board.
- g. Petitions to revive an application abandoned for, or an ex parte or inter partes reexamination terminated for, failure to file a timely corrected brief in reply to a Notification of Defective or Non-Compliant Brief. 37 CFR 1.137, 41.37, and 41.67.
- h. Petitions to revive an inter partes reexamination terminated for failure to file a timely corrected Request to Reopen Prosecution in reply to an Order by the Patent Trial and Appeal Board denying a request to reopen prosecution pursuant to 37 CFR 41.77(b)(1).
SNQ Criteria
1. If raised properly during ex parte reexamination and in a subsequent appeal, issues relating to an examiner’s determination that a reference raises a substantial new question of patentability. See 75 FR 36357 (June 25, 2010). This authority may be re-delegated to the panel of the Patent Trial and Appeal Board deciding the appeal in the reexamination.
Appeals in Reexamination
1. If raised properly during ex parte reexamination and in a subsequent appeal, issues relating to an examiner’s determination that a reference raises a substantial new question of patentability. See 75 FR 36357 (June 25, 2010). This authority may be re-delegated to the panel of the Patent Trial and Appeal Board deciding the appeal in the reexamination.
Citations
| Primary topic | Citation |
|---|---|
| PTAB Jurisdiction Settlement of Contested Case | 35 U.S.C. § 135(c) |
| PTAB Jurisdiction | 35 U.S.C. § 6 |
| Abandonment & Appeals | 37 CFR § 1.137 |
| Abandonment & Appeals | 37 CFR § 1.181 |
| PTAB Jurisdiction Settlement of Contested Case | 37 CFR § 41.205(b) |
| PTAB Jurisdiction Settlement of Contested Case | 37 CFR § 41.205(d) |
| Abandonment & Appeals | 37 CFR § 41.3(a) |
| Abandonment & Appeals | 37 CFR § 41.37(d) |
| Abandonment & Appeals | 37 CFR § 41.77(b)(1) |
| Abandonment & Appeals | 37 CFR § 42.10(d) |
| Abandonment & Appeals | 37 CFR § 42.100(c) |
| AIA Effective Dates Post-Grant Proceedings Under AIA | 37 CFR § 42.200(d) |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 1002.02(f) — Petitions and Matters Decided by the Chief Administrative Patent Judge of the Patent Trial and Appeal Board
Source: USPTO1002.02(f) Petitions and Matters Decided by the Chief Administrative Patent Judge of the Patent Trial and Appeal Board [R-07.2015]
The Chief Administrative Patent Judge is authorized to re-delegate authority to decide any of these petitions or matters to the Deputy Chief Administrative Patent Judge, to a Vice Chief Administrative Patent Judge, a Lead Administrative Patent Judge, or to an Administrative Patent Judge of the Patent Trial and Appeal Board.
1. If raised properly during ex parte reexamination and in a subsequent appeal, issues relating to an examiner’s determination that a reference raises a substantial new question of patentability. See 75 FR 36357 (June 25, 2010). This authority may be re-delegated to the panel of the Patent Trial and Appeal Board deciding the appeal in the reexamination.
2. Ordering, in the interests-of-justice, an interference commenced before September 16, 2012 to be dismissed without prejudice to the filing of a petition for post-grant review. 37 CFR 42.200(d).
3. Designation of members of the Patent Trial and Appeal Board to, on written appeal, review adverse decisions of examiners upon applications for patents, review appeals of ex parte reexaminations, conduct derivation proceedings, conduct inter partes reviews and post-grant reviews, initially and on request for reconsideration. 35 U.S.C. 6.
4. Designation of members of the Patent Trial and Appeal Board to conduct proceedings in an interference including the determination of priority and patentability of invention. Pre-AIA 35 U.S.C. 6.
5. Designation of members of the Patent Trial and Appeal Board to review appeals of inter partes reexaminations.
6. Requests related to superintending the functions of the Patent Trial and Appeal Board, including:
- a. Requests for decision on a question of policy certified by a panel or an administrative patent judge of the Patent Trial and Appeal Board. 37 CFR 41.3(a).
- b. Petitions to review a determination of a non-compliant brief. 37 CFR 41.37(d), 41.68(c), and 41.71(e).
- c. Certification of a decision by a panel of the Patent Trial and Appeal Board to disqualify counsel for cause in a trial proceeding. 37 CFR 42.10(d).
- d. Extensions of pendency for a period of up to six months in an inter partes or a post-grant review proceeding. 37 CFR 42.100(c), 42.200(c), and 42.300(c).
- e. Petitions under 37 CFR 1.181, 1.182, and 1.183 from actions of the Patent Trial and Appeal Board.
- f. Petitions for an extension of time for seeking rehearing in an ex parte appeal before the Patent Trial and Appeal Board.
- g. Petitions to revive an application abandoned for, or an ex parte or inter partes reexamination terminated for, failure to file a timely corrected brief in reply to a Notification of Defective or Non-Compliant Brief. 37 CFR 1.137, 41.37, and 41.67.
- h. Petitions to revive an inter partes reexamination terminated for failure to file a timely corrected Request to Reopen Prosecution in reply to an Order by the Patent Trial and Appeal Board denying a request to reopen prosecution pursuant to 37 CFR 41.77(b)(1).
7. Petitions under pre-AIA 35 U.S.C. 135(c):
- a. Petitions under pre-AIA 35 U.S.C. 135(c) and 37 CFR 41.205(b) to permit the filing of an agreement or understanding during the 6-month period subsequent to termination of an interference.
- b. Petitions under 37 CFR 41.205(d) for access to copies of an interference agreement or understanding filed under pre-AIA 35 U.S.C. 135(c).