What is the composition of the Patent Trial and Appeal Board (PTAB)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 4 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 Patent Trial and Appeal Board (PTAB) is composed of several key members as outlined in 35 U.S.C. 6(a) : The Director of the USPTO The Deputy Director The Commissioner for Patents The Commissioner for Trademarks Administrative patent judges Specifically, the MPEP states: The Director, the Deputy Director, the Commissioner for Patents, the Commissioner for Trademarks, and the administrative patent judges shall constitute the Patent Trial and Appeal Board. Administrative patent judges are appointed by the Secretary of Commerce in consultation with the Director and must be “persons of competent legal knowledge and scientific ability.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patent Trial and Appeal Board Members Required MPEP 1202 Required Composition of Patent Trial and Appeal Board MPEP 1202 Establishment of Patent Trial and Appeal Board MPEP 1202 Required Competent Legal and Scientific Knowledge Required for Appointments MPEP 1202 Required Composition of Board for Appeals and Proceedings MPEP 1202 PTAB Exclusive for Rehearings MPEP 1202 Permitted Board Must Comprise Three Members MPEP 1202 PTAB Hearings Require Three Members MPEP 1202 Required References to Board of Patent Appeals and Interferences Apply to PTAB MPEP 1202 PTAB Reviews Patent Decisions and Conducts Proceedings MPEP 1202 Required Other Related FAQs 4 FAQs Collapse Who are considered &#8220;Board members&#8221; according to USPTO regulations? What are the main duties of the Patent Trial and Appeal Board? What is the difference between final and non-final actions by the Board? How are cases heard by the Patent Trial and Appeal Board?