How are patent examiners informed about changes in USPTO policy due to court or PTAB decisions?
Patent examiners are informed about changes in USPTO policy resulting from court or Patent Trial and Appeal Board (PTAB) decisions through official channels. The MPEP 1721 states:
“Communication of the determination of the policy implications of the court or Board decision will normally take place by either notice in the Official Gazette and/or via memorandum to USPTO personnel.”
This means that examiners may be notified through:
- Notices in the Official Gazette
- Internal memoranda
Additionally, the MPEP notes that “Ultimately, the policy implications of the decision will be officially incorporated into the Manual of Patent Examining Procedure and Office of Patent Training curriculum materials during the next update cycle for these reference materials.” This ensures that all examiners have access to updated guidance in their primary reference materials.
To learn more: