What happens if an Administrative Patent Judge becomes unavailable during the rehearing process?
The MPEP 1214.03 addresses the situation where an Administrative Patent Judge (APJ) becomes unavailable during the rehearing process. It states: “Should an Administrative Patent Judge (APJ) retire or otherwise become unavailable to reconsider a decision, normally another APJ will be designated as a substitute for the unavailable APJ.” This procedure ensures that: The rehearing process…
Read MoreHow are cases heard by the Patent Trial and Appeal Board?
Cases before the Patent Trial and Appeal Board (PTAB) are heard by panels of at least three members, as specified in 35 U.S.C. 6(c). The MPEP states: “Each appeal, derivation proceeding, post-grant review, and inter partes review shall be heard by at least three members of the Board, who shall be designated by the Director.…
Read MoreWhat happens if a request for rehearing is filed?
When a request for rehearing is filed, several important processes are set in motion. According to MPEP 1214.03: The Board will render a decision on the request for rehearing. The decision on the request for rehearing is deemed to incorporate the earlier opinion reflecting its decision for appeal, except for portions specifically withdrawn on rehearing.…
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