This scheme allows for review of patent claims before the Patent Trial and Appeal Board.
|Level||Name of Office||Sub-Agency/Bureau/Division:||Are administrative appeals permitted from final decisions at this stage?|
US Patent and Trademark Office
Comments/Notes on Adjudication Structure:
Ex Parte Appeals: After a patent examiner twice rejects at least one claim in a patent application (or ex parte reexamination), a patent applicant (or patent owner) can take an ex parte appeal to the Board. At the Board, a panel of 3 hearing officers ("administrative patent judges") decided whether to affirm, affirm-in-part, or reverse the examiner's rejections. AIA trials (types IPR, CBM, PGR, DER): After the USPTO grants a patent, a petitioner may challenge the patentability of any claims in the patent by filing a petition. If the petition is granted, a trial is instituted. Once the trial commences, it must be decided within 1 year from institution.
Types of Adjudication:
Verified by Agency:
Is this a Major Adjudication: