What are the possible outcomes of a Patent Trial and Appeal Board decision in an inter partes reexamination?
According to MPEP 2681, the Patent Trial and Appeal Board (PTAB) can issue several types of decisions in an inter partes reexamination:
- Affirm the examiner’s decision
- Reverse the examiner’s decision
- Remand the proceeding to the examiner for further consideration
- Issue a new ground of rejection
The MPEP states: The Patent Trial and Appeal Board, in its decision, may affirm or reverse each decision of the examiner on all issues raised on each appealed claim, or remand the reexamination proceeding to the examiner for further consideration.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2681 - Board Decision,
Patent Law,
Patent Procedure