What is the process for seeking judicial review of a PTAB decision?
To seek judicial review of a Patent Trial and Appeal Board (PTAB) decision, an applicant must follow these steps:
- File a notice of appeal to the U.S. Court of Appeals for the Federal Circuit within 63 days after the PTAB’s decision.
- Pay the required fee to the Director of the USPTO.
- File the appeal with the Federal Circuit and comply with the court’s rules.
As stated in MPEP 1216: “A notice of appeal must be filed within the time specified in 37 CFR 90.3(a) (63 days from the date of the PTAB decision).”
It’s important to note that the time for seeking review by the Federal Circuit can be extended by filing a request for rehearing within the time specified in 37 CFR 90.3(b).
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