What types of petitions are decided by the Patent Trial and Appeal Board?
The Patent Trial and Appeal Board (PTAB) decides various types of petitions related to patent examination and post-grant proceedings. These include:
- Requests in reply briefs and oral hearings to consider new arguments
- Petitions to institute trials (e.g., inter partes review, post-grant review)
- Motions related to interference or trial proceedings
- Requests for additional discovery
- Motions to exclude evidence or compel testimony
- Requests for recognition of counsel pro hac vice
- Motions to seal documents or expunge confidential information
- Motions to amend patents in inter partes or post-grant review proceedings
As stated in MPEP 1002.02(j), “Petitions to institute a trial. 37 CFR 42.4(a), 42.108, 42.208, 42.300, and 42.408.” This indicates that the PTAB has the authority to decide on petitions that initiate various types of trial proceedings before the USPTO.
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