What is the Patent Trial and Appeal Board (PTAB)?

The Patent Trial and Appeal Board (PTAB) is an administrative law body that operates within the United States Patent and Trademark Office (USPTO). Their work revolves around issues or problems related to patent law. The board is generally divided into two categories: the Appeals Division and the Trial Division.

Board members in the Appeals Division are responsible for overseeing patents whose applications were rejected by patent examiners. They review applications for patents and determine whether they should grant a protection to a particular product or service. On the other hand, the Trial Division handles contested cases in which a patent’s validity is challenged. 

The Patent Trial and Appeal Board was founded in 2012 as a means of shifting patent disputes from federal courts to a self-sufficient board. About 12,000 appeals are handled by the PTAB’s Appeal Division each year, while around 1,500 trials are handled by the Trial Division. 

Key Takeaways 

• The Patent Trial and Appeal Board deals with appeals from examiners and challenges by third parties to issued patents.
• There are two main sections in the board: the Appeals Division and the Trials Division.
• The Inter Partes Review (IPR) and Covered Business Method Post Grant Review (PGR) are used to question a patent’s validity.

More on the Patent Trial and Appeal Board (PTAB)

In 2012, the Patent Trial and Appeal Board was formed, forever changing the setting of patent disputes. By implementing new procedures like the Inter Partes Review (IPR) and Covered Business Method Post Grant Review (PGR), the board was able to gain flexibility in addressing questions about a patent's validity. Moreover, these processes offered a less costly and more effective alternative to standard district court litigation. 

Filing an Appeal

Patent applicants whose claims have been rejected twice may appeal their examiner's decision to the Patent Trial and Appeal Board. To appeal to the PTAB, one must file a Notice of Appeal, issue an Appeal Brief, pay filing fee, and highlight the specific issues in the patent application.

After filing the Notice of Appeal, the Appeal Brief should be submitted within two months. An appeal will then be heard once more by the examiner, who can either reopen, reject, or maintain the decision. In the event that the examiner rejects your appeal, you can respond by requesting an oral hearing with the PTAB, who will then decide the final outcome.

Bottom Line

If you have filed a patent application in the past or intend to do so in the future, you must understand how the Patent Trial and Appeal Board works and what you need to do when filing an appeal. Not only do our top-tier lawyers understand the complexity behind this procedure, but they can also provide guidance regarding the potential business implications that an appeal can have.