What types of cases are considered “contested cases” before the PTAB?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 6 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 1449 , contested cases before the Patent Trial and Appeal Board (PTAB) include several types of proceedings: “A contested case includes a derivation proceeding, an inter partes review, a post-grant review, and a covered business method review.” These proceedings are part of the post-grant patent review process and can be initiated to challenge the validity of a patent after it has been granted. Each type of proceeding has specific requirements and timelines as defined in patent law and USPTO regulations. Related Rules from the Manual of Patent Examining Procedure 6 rules Collapse PTAB Contested Case Procedures Include Derivation, Inter Partes Review, Post-Grant Review, and Covered Business Method Review MPEP 1449 Reissue Application Must Be Referred to PTAB Before Considering Protest MPEP 1449 Recommended Requirement for Reissue Filing Notification and Claim Examination MPEP 1449 Permitted Claims Must Not Be Unpatentable in Interference MPEP 1449 Permitted PTAB Review Complete for Examiner Action on Reissue Application MPEP 1449 Permitted PTAB Must Review Adverse Examiner Decisions MPEP 1002.02(f) Other Related FAQs 5 FAQs Collapse How are concurrent interference or other contested case proceedings handled with a reissue application? What happens when a reissue application and a reexamination proceeding are pending concurrently for the same patent? Why is it important to refer a reissue application to the PTAB when a protest is filed and the patent is in an interference or contested case? What are the patent owner&#8217;s responsibilities regarding notification of concurrent proceedings? What happens if a protest is filed in a reissue application related to a patent involved...