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DOC/PTO | RIN: 0651-AD68 | Publication ID: Fall 2023 |
Title: Rules Governing Pre-Issuance Internal Circulation and Review of Decisions Within the Patent Trial and Appeal Board | |
Abstract:
The United States Patent and Trademark Office (USPTO or Office) would amend 37 CFR to add part 43 to govern decision circulation and review within the Patent Trial and Appeal Board (PTAB) for all areas of jurisdiction of the PTAB, including America Invents Act (AIA) proceedings, appeals, and interferences. Since May of 2022, the USPTO has been using an interim process for PTAB decision circulation and internal PTAB review. The processes were put in place in recognition that it is important to stakeholders that the USPTO maintain a consistent and clear approach to substantive areas of patent law and PTAB-specific procedures, while maintaining open decision-making processes. The USPTO issued a Request for Comments in July 2022 to obtain public feedback on the interim processes. This proposal was developed in consideration of the public feedback the USPTO received in response to the Request for Comments. |
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Agency: Department of Commerce(DOC) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: Undetermined | Unfunded Mandates: No |
CFR Citation: 37 CFR 43 | |
Legal Authority: 35 U.S.C. 2(b)(2) 35 U.S.C. 6 35 U.S.C. 21 35 U.S.C. 23 35 U.S.C. 41 35 U.S.C. 135 35 U.S.C. 311 to 316 35 U.S.C. 321 to 326 Pub. L. 112-29 Pub. L. 112-274 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Federalism: No | |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Melissa Haapala Vice Chief Administrative Patent Judge Department of Commerce Patent and Trademark Office P.O. Box 1450, Alexandria, VA 22313-1450 Phone:303 297-4301 Fax:571 273-0053 Email: melissa.haapala@uspto.gov |