What is the process for waiving or suspending rules in patent trials?
The process for waiving or suspending rules in patent trials involves filing a motion as described in 37 CFR 41.104(b). According to MPEP 1002.02(g): “2. Motion to waive or suspend any rule in Subpart D of part 41 of title 37 CFR. See 37 CFR 41.104(b).” This motion is decided by Administrative Patent Judges. It…
Read MoreWhat 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,…
Read MoreWho are considered “Board members” according to USPTO regulations?
According to 37 CFR 41.2, the term “Board member” has a specific definition in the context of the Patent Trial and Appeal Board (PTAB). The MPEP states: “Board member” means the Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office, the Deputy Under Secretary of Commerce for Intellectual…
Read MoreWhat 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…
Read MoreWhat 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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