What actions take place at the Board during a derivation proceeding?
Actions at the Board during a derivation proceeding are beyond the scope of MPEP Chapter 2300. The MPEP 2314 states: “Action at the Board during a derivation proceeding is beyond the scope of this Chapter.” For detailed information on Board actions during derivation proceedings, refer to the following resources: 37 CFR part 42, subpart E…
Read MoreCan a protestor appeal an examiner’s decision regarding their protest?
No, a protestor cannot appeal an examiner’s decision regarding their protest. The MPEP 1901.07 clearly states: “Furthermore, a protestor is not permitted to participate in interviews, appeal a decision by the examiner adverse to the protestor to the Patent Trial and Appeal Board, or participate in an appeal by applicant.” This means that once a…
Read MoreWho is responsible for determining compliance of appeal briefs in inter partes reexamination?
As of August 17, 2010, the Board of Patent Appeals and Interferences (now the Patent Trial and Appeal Board) has sole responsibility for determining whether appeal briefs in inter partes reexamination comply with the relevant regulations. The MPEP 2674 states: “Effective August 17, 2010, the Board was delegated the sole responsibility for determining whether appeal…
Read MoreWhat is the Patent Trial and Appeal Board (PTAB)?
The Patent Trial and Appeal Board (PTAB) is the current name for the judicial body within the USPTO that handles patent appeals. According to MPEP 1201: “Throughout this chapter, ‘Board’ is used to refer the Patent Trial and Appeal Board and its predecessor organizations, the Board of Patent Appeals and Interferences and the separate Board…
Read MoreWhat are the rules for sealing documents in PTAB proceedings?
The Patent Trial and Appeal Board (PTAB) has specific rules for sealing documents in trial proceedings to protect confidential information. According to MPEP 1002.02(j): “Motions to seal a document or thing in a trial proceeding. 37 CFR 42.14, 42.54, and 42.55.” The process for sealing documents typically involves: Filing a motion to seal, which must…
Read MoreWhat should a reissue applicant do if the original patent is in an interference proceeding?
If a reissue application is filed while the original patent is involved in an interference proceeding, the reissue applicant has specific obligations. The MPEP states: If a reissue application is filed while the original patent is in an interference proceeding, the reissue applicant must promptly notify the Patent Trial and Appeal Board of the filing…
Read MoreWhat happens to petitions in reexamination proceedings after jurisdiction transfers to the Patent Trial and Appeal Board?
When jurisdiction in ex parte and inter partes reexamination proceedings transfers to the Patent Trial and Appeal Board (Board), the process for filing petitions changes. The MPEP states: “Petitions in ex parte and inter partes reexamination proceedings for actions occurring after jurisdiction has transferred to the Patent Trial and Appeal Board (Board) or for petitions…
Read MoreWhat is the purpose of the appeal process in patent examination?
The appeal process in patent examination serves to resolve differences of opinion between patent applicants and examiners regarding substantive decisions made by the United States Patent and Trademark Office (USPTO). As stated in MPEP 1201: “The differences of opinion on such matters can be justly resolved only by prescribing and following judicial procedures.” This process…
Read MoreWho decides petitions related to Patent Trial and Appeal Board proceedings?
Petitions related to Patent Trial and Appeal Board (PTAB) proceedings are generally decided by the Chief Administrative Patent Judge or other PTAB officials. According to MPEP 1002.02(f): “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…
Read MoreWhat are the Chief Administrative Patent Judge’s responsibilities regarding PTAB member designations?
The Chief Administrative Patent Judge has significant responsibilities in designating members of the Patent Trial and Appeal Board (PTAB) for various proceedings. According to MPEP 1002.02(f), these responsibilities include: Designating PTAB members to review adverse decisions of examiners on patent applications Designating members for ex parte reexaminations Designating members for derivation proceedings, inter partes reviews,…
Read More