What is the definition of a contested case in patent law?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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. According to MPEP 2301.02 , a contested case is defined as: “[A] Board proceeding other than an appeal under 35 U.S.C. 134 or a petition under § 41.3. An appeal in an inter partes reexamination is not a contested case.” In simpler terms, a contested case is a proceeding before the Patent Trial and Appeal Board (PTAB) that involves disputes between parties, such as interference or derivation proceedings, but excludes regular patent appeals and certain petitions. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Inter Partes Reexamination Appeal Is Not Contested Case MPEP 2301.02 Required Definition of Contested Case Excluding Appeals and Petitions MPEP 2301.02 Required Patent Interference Pendency Not More Than Two Years MPEP 2301.02 Required Junior Party Is Defined MPEP 2301.02 References to 35 U.S.C. 102 and 135 MPEP 2301.02 Examiner Must Consult IPS for Possible Interference MPEP 2301 Judicial Review for Patent Trial and Appeal Board Decisions MPEP 1216 Definitions Apply to Proceedings MPEP 2301.02 Required Contest Between Application and Patent MPEP 2301 Final Actions in Inter Partes Reexamination MPEP 706.07 Other Related FAQs 5 FAQs Collapse How is constructive reduction to practice defined in patent interferences? What is a count in a patent interference proceeding? What constitutes a final decision by the Patent Trial and Appeal Board? How is a patent interference defined and administered? How is the Patent Trial and Appeal Board (PTAB) defined in the MPEP?