How is the PTAB decision communicated to the appellant?
The Patent Trial and Appeal Board (PTAB) decision is communicated to the appellant through a formal process:
As stated in MPEP 1214: “After an appeal to the Board has been decided, a copy of the decision is provided to appellant and placed in IFW.“
This process involves:
- Providing a copy of the decision directly to the appellant
- Placing a copy of the decision in the Image File Wrapper (IFW), which is the official electronic file for the application
- Attaching FORM PTOL-90A to the decision, which indicates either the “MAIL DATE” for paper delivery or the “NOTIFICATION DATE” for electronic delivery
The date on FORM PTOL-90A is crucial as it marks the beginning of the time periods for potential further actions, such as filing an appeal, commencing a civil action, or requesting a rehearing.
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