What additional documents must patent examiners review in related PTAB post-grant proceedings?
Patent examiners are required to review specific documents related to PTAB (Patent Trial and Appeal Board) post-grant proceedings. The MPEP states:
The examiner must also review the file wrapper history and prior art contained in certain proceedings and specific documents in related PTAB post-grant proceedings.
This requirement ensures that examiners consider relevant information from PTAB proceedings that may impact the examination of the current application. For more detailed information on this review process, examiners are directed to MPEP § 904.04.
It’s important for patent practitioners and applicants to be aware of this requirement, as it may influence the examination process and the consideration of prior art in their applications.
To learn more: