What is the process for remanding a case to the Patent Trial and Appeal Board (PTAB) after a Federal Circuit decision?
When a case is remanded to the Patent Trial and Appeal Board (PTAB) following a decision by the U.S. Court of Appeals for the Federal Circuit, the process typically involves the following steps:
- The Federal Circuit issues its mandate, officially returning jurisdiction to the PTAB.
- The PTAB then reviews the court’s decision and instructions for remand.
- Depending on the court’s instructions, the PTAB may:
- Reconsider the case based on new guidance
- Conduct further proceedings as directed
- Issue a new decision addressing the points raised by the Federal Circuit
As stated in MPEP 1216.01: “The Patent Trial and Appeal Board, having jurisdiction over the proceeding, may take action in accordance with the court’s mandate such as requesting briefing from the parties, making a decision in the case, or dismissing the appeal.”
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