What happens if a derivation proceeding is not instituted?
If a derivation proceeding is not instituted, the petitioner has options for further action. According to MPEP 2310: “If the Director decides not to institute a derivation proceeding, a notice of non-institution will be sent to the petitioner and the patent owner, as applicable.“ In this case: The petitioner may request a rehearing within 30…
Read MoreWhat actions can the USPTO Director take following a Federal Circuit decision?
Following a decision by the U.S. Court of Appeals for the Federal Circuit, the USPTO Director has several options for action, depending on the nature of the decision and its implications for the case. These actions may include: Implementing the court’s decision directly Requesting a rehearing or en banc review Petitioning for certiorari to the…
Read MoreWhat happens when a Patent Trial and Appeal Board (PTAB) decision is rendered?
When a Patent Trial and Appeal Board (PTAB) decision is rendered, the following process occurs: The decision is returned to the examiner. The examiner takes action consistent with the Board’s decision. If a rehearing of the Board decision is not requested, the examiner proceeds based on the decision. As stated in the MPEP: “A decision…
Read MoreWhat is the process for requesting a rehearing of a Board decision?
According to MPEP 1214.03, an appellant may file a single request for rehearing within two months of the date of the original decision of the Board. The request must: State with particularity the points believed to have been misapprehended or overlooked by the Board Not include arguments not raised or evidence not previously relied upon…
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