Can the Board suspend consideration of an appeal?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, the Patent Trial and Appeal Board can suspend consideration of an appeal under certain circumstances. According to MPEP 1213:

On occasion, the Board has refused to consider an appeal until after the conclusion of a pending civil action or appeal to the Court of Appeals for the Federal Circuit involving issues identical with and/or similar to those presented in the later appeal.

This suspension of action is considered sound practice when:

• There is a pending civil action or appeal to the Court of Appeals for the Federal Circuit
• The pending case involves issues identical or similar to those in the appeal before the Board
• The Board wants to benefit from a court decision that may be determinative of the issues involved

This practice allows the Board to make more informed decisions based on relevant court rulings.