How does the PTAB handle information disclosure statements filed during an appeal?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 7 Rules 4 Related FAQs 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. The Patent Trial and Appeal Board (PTAB) has a specific procedure for handling information disclosure statements (IDS) filed during an appeal. According to MPEP 1212 : “ Consideration of information disclosure statements filed while the Board possesses jurisdiction over the appeal will be held in abeyance until the Board’s jurisdiction ends. “ This means that if an appellant files an IDS while the PTAB is reviewing their appeal, the Board will not immediately consider this new information. Instead, they will wait until they have completed their review and no longer have jurisdiction over the appeal before examining the IDS. This policy helps maintain the integrity of the appeal process by focusing on the issues and evidence presented at the time the appeal was filed. Related Rules from the Manual of Patent Examining Procedure 7 rules Collapse Appellant Must Address Unidentified Case Law or Prior Art MPEP 1212 Permitted Appellant Must Respond Within Time Limit MPEP 1212 Extensions of Time Are Only Available Under 37 CFR 1.136(b) MPEP 1212 Response Within Time Period Required to Avoid Appeal Dismissal MPEP 1212 Permitted Board Has Discretion to Make Requirement MPEP 1212 Board Can Remand Case After Appellant Response MPEP 1212 Permitted Procedure for Making PTO Board Decisions Public MPEP 103 Other Related FAQs 4 FAQs Collapse What are the consequences of failing to respond to a PTAB request for additional briefing? What authority does the Patent Trial and Appeal Board have to request additional briefing from appellants? Can the PTAB remand a case to the examiner after requesting additional briefing? Are extensions of time available for responding to PTAB requests for additional briefing?