What action does the examiner take after a PTAB decision affirms or affirms in part?
When the Patent Trial and Appeal Board (PTAB) affirms or affirms in part the examiner’s decision, the examiner must follow a specific procedure:
According to MPEP 1214: “If the Board decision affirms or affirms in part the decision of the examiner, the examiner must await the expiration of the above time periods before taking any further action.“
This means the examiner is required to:
- Wait for the expiration of the 63-day period for filing an appeal or commencing a civil action
- Wait for the expiration of the 2-month period for filing a request for rehearing
Only after these time periods have elapsed can the examiner proceed with any further action on the application or patent. This waiting period ensures that the applicant has the full opportunity to exercise their rights to appeal or request a rehearing before the examination process continues.
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