What role does the Patent Trial and Appeal Board play in terminating proceedings?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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) can play a significant role in terminating proceedings for a patent application. According to MPEP 711.02(c):

Proceedings are terminated in an application after decision by the Patent Trial and Appeal Board as explained in MPEP § 1214.06.

This means that a decision by the PTAB can lead to the termination of proceedings in a patent application. The specific circumstances and procedures for such terminations are detailed in MPEP § 1214.06. This section provides guidance on various scenarios following a Board decision, including:

  • Rejection of all appealed claims
  • Allowance of some claims and rejection of others
  • New grounds of rejection by the Board

Understanding the PTAB’s role is crucial for applicants and attorneys involved in appeals or other proceedings before the Board.

Tags: patent application, patent trial and appeal board, termination of proceedings