What constitutes a final decision by the Patent Trial and Appeal Board?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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 MPEP provides specific criteria for what constitutes a final decision by the Patent Trial and Appeal Board (PTAB). According to MPEP 2301.02 , a decision is considered final for the purposes of judicial review under these conditions: “Final means, with regard to a Board action, final for the purposes of judicial review. A decision is final only if: (1) In a panel proceeding. The decision is rendered by a panel, disposes of all issues with regard to the party seeking judicial review, and does not indicate that further action is required; and (2) In other proceedings. The decision disposes of all issues or the decision states it is final.” In essence, a final decision must resolve all relevant issues for the party seeking review and either be made by a panel or explicitly state its finality in non-panel proceedings. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Decision Disposes of All Issues or States It Is Final MPEP 2301.02 Required Decision Final for Other Proceedings Only If Disposing of All Issues MPEP 2301.02 Required Judicial Review for Patent Trial and Appeal Board Decisions MPEP 1216 Non-Final Portion of Panel Proceeding Includes Non-Final Actions MPEP 2301.02 Required Involved Claim Corresponds to Count MPEP 2301.02 Definitions Apply to Proceedings MPEP 2301.02 Required Examiner Must Consult IPS for Possible Interference MPEP 2301 Office Means United States Patent and Trademark Office for Proceedings MPEP 2301.02 Required At Least Three Board Members Required for Panel Proceeding MPEP 2301.02 Required Senior Party Entitled to Prior Inventor Presumption MPEP 2301.02 Other Related FAQs 5 FAQs Collapse How is constructive reduction to practice define...