How does the PTAB handle requests for oral arguments?
The Patent Trial and Appeal Board (PTAB) has specific procedures for handling requests for oral arguments in trial proceedings. According to MPEP 1002.02(j): “Requests for oral argument on an issue raised in a paper. 37 CFR 41.124(a) and 42.70.” The process for requesting and conducting oral arguments typically involves: Filing a request for oral argument,…
Read MoreWhat options does an appellant have when faced with a new ground of rejection?
When the Patent Trial and Appeal Board (PTAB) issues a new ground of rejection, the appellant has two options according to MPEP 1213.02: Reopen prosecution: The appellant can submit an amendment to the rejected claims or new evidence, or both, and have the examiner reconsider the case. Request rehearing: The appellant can request that the…
Read MoreNo more FAQs
All relevant information from MPEP 2313 – Action Once a Derivation Proceeding is Instituted has been covered in the existing FAQs. No additional meaningful questions can be generated without redundancy. To learn more: derivation proceedings patent examination PTAB
Read MoreWhat is a new ground of rejection by the Patent Trial and Appeal Board?
A new ground of rejection by the Patent Trial and Appeal Board (PTAB) is a rejection of a claim that was not previously involved in the appeal. According to MPEP 1213.02, the Board may include such a rejection in its opinion if it “have knowledge of any grounds not involved in the appeal for rejecting…
Read MoreCan new arguments be introduced in a reply brief or oral hearing before the PTAB?
The Patent Trial and Appeal Board (PTAB) has specific rules regarding the introduction of new arguments in reply briefs and oral hearings: For reply briefs: MPEP 1002.02(j) states, “Requests in a reply brief to consider a new argument not previously raised in an appeal brief or not responsive to an argument raised by the examiner.…
Read MoreHow does the mandate rule affect Federal Circuit appeals in patent cases?
The mandate rule plays a crucial role in Federal Circuit appeals for patent cases. It ensures that lower courts and administrative bodies, such as the Patent Trial and Appeal Board (PTAB), comply with the appellate court’s decisions. Key aspects of the mandate rule include: Binding nature: Lower tribunals must adhere to the Federal Circuit’s mandate.…
Read MoreHow does the jurisdiction change after a PTAB decision?
After a Patent Trial and Appeal Board (PTAB) decision, there is a significant change in jurisdiction over the application or patent: MPEP 1214 states: “After decision by the Board, jurisdiction over an application or patent under ex parte reexamination proceeding passes to the examiner, subject to appellant’s right of appeal or other review, for such…
Read MoreHow do I request an oral hearing for a patent appeal?
To request an oral hearing for a patent appeal, you must: File a separate paper captioned “REQUEST FOR ORAL HEARING” Submit the request within two months from the date of the examiner’s answer or the date of filing a reply brief, whichever is earlier Include the appropriate fee as set forth in 37 CFR 41.20(b)(3)…
Read MoreWhat is the significance of the “MAIL DATE” or “NOTIFICATION DATE” on FORM PTOL-90A?
The “MAIL DATE” or “NOTIFICATION DATE” on FORM PTOL-90A plays a crucial role in the patent appeal process: According to MPEP 1214: “The 63-day time period for filing an appeal or commencing a civil action under 37 CFR 90.3, or the two month period for filing a request for rehearing under 37 CFR 41.52, begins…
Read MoreWhat are the procedures for filing a motion in a PTAB trial proceeding?
Filing a motion in a Patent Trial and Appeal Board (PTAB) trial proceeding involves specific procedures and authorizations. According to MPEP 1002.02(j): “Authorizations to file a motion other than a petition requesting the institution of a trial. 37 CFR 41.121 and 42.20 – 42.25.” This means that parties must generally obtain authorization from the PTAB…
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