What is the composition of the Patent Trial and Appeal Board (PTAB)?

The Patent Trial and Appeal Board (PTAB) is composed of several key members as outlined in 35 U.S.C. 6(a): The Director of the USPTO The Deputy Director The Commissioner for Patents The Commissioner for Trademarks Administrative patent judges Specifically, the MPEP states: The Director, the Deputy Director, the Commissioner for Patents, the Commissioner for Trademarks,…

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What are declarations and re-declarations of interferences in patent law?

Declarations and re-declarations of interferences are formal proceedings in patent law to determine priority of invention between two or more parties claiming the same patentable invention. According to MPEP 1002.02(g): “3. Declarations and re-declarations of interferences. 37 CFR 41.203.” These declarations are decided by Administrative Patent Judges as outlined in 37 CFR 41.203. The process…

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What types of petitions are decided by Administrative Patent Judges?

Administrative Patent Judges decide several types of petitions, including: Certification of policy questions Motions to waive or suspend rules in patent trials Declarations and re-declarations of interferences Institutions of derivation proceedings Motions to suspend interferences involving patents under reexamination As stated in MPEP 1002.02(g), these decisions are made in accordance with specific regulations such as…

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