Agency:
Scheme Nickname:
Patent Hearings
This scheme allows for review of patent claims before the Patent Trial and Appeal Board.
Adjudication Levels:
| Level | Name of Office | Sub-Agency/Bureau/Division: | Are administrative appeals permitted from final decisions at this stage? |
|---|---|---|---|
Hearing Level | US Patent and Trademark Office | No |
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:
Type B
Verified by Agency:
Verified
Is this a Major Adjudication:
Yes
