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:
The Board also decides ex parte appeals of patent applications that have been rejected twice by the examiner.. If your appeal is not timely filed then it will be dismissed and the application will be abandoned.
The USPTO registers patent attorneys and patent agents.
Both have demonstrated “possessed of the necessary qualifications to render to applicants or other persons valuable service, advice, and assistance in the presentation or prosecution of their applications or other business before the [USPTO].”
1. Technical qualifications, e.g. hard science degree
2. Pass an exam on PTO Rules, Procedures, and Patent Law
3. Patent agents do not have legal training and are expressly prohibited from giving legal advice. Since PTAB is quasi-judicial, Patent agents cannot represent litigants before the PTAB.