Patent Trial and Appeal Board

E70664

The Patent Trial and Appeal Board is an administrative tribunal within the U.S. Patent and Trademark Office that conducts trials and hears appeals on patent examination and post-grant proceedings.


Statements (51)
Predicate Object
instanceOf adjudicatory body
administrative tribunal
federal administrative body
alsoKnownAs PTAB
appealTo United States Court of Appeals for the Federal Circuit
United States District Court for the Eastern District of Virginia
appointmentOfJudges appointed by the Secretary of Commerce in consultation with the USPTO Director
authority to affirm or reverse examiner rejections
to cancel patent claims
to remand cases to patent examiners
composition administrative patent judges
country United States
decisionType final written decisions in AIA trials
establishedBy Leahy–Smith America Invents Act
function conducts derivation proceedings
conducts trials in post-grant patent proceedings
decides covered business method review proceedings
decides inter partes review proceedings
decides post-grant review proceedings
hears appeals from adverse decisions of patent examiners
issues written decisions in patentability disputes
reviews ex parte appeals in patent examination
governedBy USPTO rules of practice
governingLaw Title 35 of the United States Code
headquarters Alexandria, Virginia
hearsAppealsFrom patent examiners in the USPTO
jurisdiction United States patent law
language English
legalBasis 35 U.S.C. § 6
Leahy–Smith America Invents Act
location Alexandria, Virginia
membersAre administrative patent judges
overseenBy Director of the United States Patent and Trademark Office
parentAgency United States Patent and Trademark Office
partOf United States Patent and Trademark Office
procedureType adversarial trial-like proceedings
paper-based administrative appeals
processName derivation proceeding
inter partes review
post-grant review
relatedTo United States patent examination process
post-grant patent validity challenges
replaced Board of Patent Appeals and Interferences
scope U.S. patents and U.S. patent applications
sector intellectual property
subjectMatter issued patents
patent applications
patents
subordinateTo United States Department of Commerce
typeOfReview administrative review of patentability
website https://www.uspto.gov/patents/ptab

Referenced by (4)
Subject (surface form when different) Predicate
Patent Trial and Appeal Board ("PTAB")
alsoKnownAs
United States Court of Appeals for the Federal Circuit
appealsFrom
Title 35 of the United States Code ("Chapter 35 – Patent Trial and Appeal Board")
contains
Patent Trial and Appeal Board ("Board of Patent Appeals and Interferences")
replaced

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