How does the USPTO handle significant court or Patent Trial and Appeal Board decisions?
The USPTO has a structured process for handling significant court or Patent Trial and Appeal Board (PTAB) decisions that affect patent policy or practice. According to MPEP 1721:
“In the event the Patent Trial and Appeal Board (Board) or court decision is one that significantly adds to the body of law by, for example, addressing a new legal or procedural issue, or providing a new interpretation of a prior decision, such a decision may result in a United States Patent and Trademark Office (USPTO) memorandum pointing out the significance of the decision to the examination process.”
This means that when a decision is deemed significant, the USPTO may issue a memorandum to highlight its importance and potential impact on patent examination procedures.
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