Patent Trial and Appeal Board

faq

Frequently Asked Questions

Patent Grant Proceedings and PTAB

Patent Trial and Appeal Board and Post-Grant Proceedings

What is the PTAB?
The PTAB is the body within the U.S. Patent and Trademark Office (USPTO) vested with authority to decide issues of patentability in trial proceedings including:
  • Inter partes review ("IPR")
  • Post grant review ("PGR")
  • a transitional program for covered business method patents (CBM)
  • Derivation proceedings

The Board also decides ex parte appeals of patent applications that have been rejected twice by a patent examiner.  If your appeal is not timely filed then it will be dismissed and the application will be abandoned.

Inter Partes Review (IPR) v. Post Grant Review (PGR)
  • IPR and PGR both are third party challenges to patent claims
  • An IPR proceeding limited to the grounds of novelty and non-obviousness in view of prior patents, published patent applications, and other printed publications.
  • A PGR proceeding by contrast can be based on ineligible subject matter, lack of utility, lack of novelty, obviousness, lack of written description or enablement, and/or double patenting (i.e., almost all invalidity challenges except those based in equity jurisprudence, including allegations of inequitable conduct).
Ex Parte Reexamination
Reexamination is a statutory mechanism by which the USPTO may reconsider the patentability of the claims in an issued patent in view of prior art which was not considered during the prosecu­tion of an issued patent application. Ex parte reexamination challenges are based on a substantial new question of patentability, i.e. a reasonable examiner would consider the prior art important in deciding whether or not the claim is patentable.
Ex Parte Appeals
If a patent examiner twice rejects or issues a final rejection in a patent application, the applicant can seek review of the rejection by the PTAB. The PTAB will call the applicant the "appellant." An appellant and the examiner will have the opportunity to submit written briefs explaining their respective positions. The appellant may optionally request an oral hearing to bolster written arguments. The PTAB will consider written and oral arguments and give a decision.
Dummy Question
Does answer the public have Q's about post-grant patent proceedings?
Dummy Question
Does answer the public have Q's about post-grant patent proceedings?
Dummy Question
Does answer the public have Q's about post-grant patent proceedings?

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