How is the PTAB decision communicated to the appellant?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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) 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.

Tags: board decision, Communication, image file wrapper, patent trial and appeal board, Ptab