What are the main duties of the Patent Trial and Appeal Board?
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) has several important duties as outlined in 35 U.S.C. 6(b):
- Review adverse decisions of examiners upon written appeal of an applicant
- Review appeals of reexaminations
- Conduct derivation proceedings
- Conduct inter partes reviews and post-grant reviews
The MPEP specifically states:
“The Patent Trial and Appeal Board shall— (1) on written appeal of an applicant, review adverse decisions of examiners upon applications for patents pursuant to section 134(a); (2) review appeals of reexaminations pursuant to section 134(b); (3) conduct derivation proceedings pursuant to section 135; and (4) conduct inter partes reviews and post-grant reviews pursuant to chapters 31 and 32.”
These duties encompass a wide range of patent-related proceedings and appeals, making the PTAB a crucial part of the patent examination and review process.