Board of Patent Appeals and Interferences
The Board of Patent Appeals and Interferences (BPAI) was an
Structure
The BPAI was primarily made up of an Appeals Division and a Trial Division. The Appeals Division, with over 100 Administrative Patent Judges, handled appeals of patent examiner rejections, with sections adjudicating different technology areas. The Trial Division, with 11 Administrative Patent Judges as of 2008, handled contested cases or interference proceedings.[1] The BPAI was headed by a Chief Administrative Patent Judge with a Vice Chief.[2] As of mid-2013, the Chief Administrative Patent Judge was James Donald Smith.[3]
Procedures
An applicant could appeal the examiner's decision to the BPAI. The appeal procedure was described in chapter 1200 of the U.S. Manual of Patent Examining Procedure (MPEP).[4] Typically, appeals to the BPAI were conducted ex parte. Decisions of the BPAI were typically rendered as an opinion.
Appeals
Decisions of the BPAI could be further appealed to the
The United States Congress, however, can change the patent laws and thus override a decision of the Supreme Court.
An alternative path was a civil action against the
Constitutionality
In 2007,
See also
- Appeal procedure before the European Patent Office
- Ex parte Gutta (2009)
- Trademark Trial and Appeal Board (TTAB)
References
- ^ Board of Patent Appeals and Interferences Organization Chart Archived January 14, 2009, at the Wayback Machine
- ^ Board of Patent Appeals and Interferences
- ^ USPTO Press Release 11-31
- ^ USPTO, Chapter 1200 Appeal, Manual of Patent Examining Procedure.
- ^ John F. Duffy, Are Administrative Patent Judges Unconstitutional?, 2007, Patently-O Patent L.J. 21, or Duffy, John F., "Are Administrative Patent Judges Unconstitutional?" . Available at ssrn.com
External links
- Board of Patent Appeals and Interferences (BPAI) on the USPTO web site
- Search Decisions and Orders from the Patent Trial and Appeal Board (PTAB) from Docket Alarm.