§ 6. Patent Trial and Appeal Board
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(a)In General.— There shall be in the Office a Patent Trial and Appeal Board. The Director, the Deputy Director, the Commissioner for Patents, the Commissioner for Trademarks, and the administrative patent judges shall constitute the Patent Trial and Appeal Board. The administrative patent judges shall be persons of competent legal knowledge and scientific ability who are appointed by the Secretary, in consultation with the Director. Any reference in any Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Board of Patent Appeals and Interferences is deemed to refer to the Patent Trial and Appeal Board.
(b)Duties.— The Patent Trial and Appeal Board shall—
(1)on written appeal of an applicant, review adverse decisions of examiners upon applications for patents pursuant to section 134(a);
(2)review appeals of reexaminations pursuant to section 134(b);
(3)conduct derivation proceedings pursuant to section 135; and
(4)conduct inter partes reviews and post-grant reviews pursuant to chapters 31 and 32.
(c)3-Member Panels.— Each appeal, derivation proceeding, post-grant review, and inter partes review shall be heard by at least 3 members of the Patent Trial and Appeal Board, who shall be designated by the Director. Only the Patent Trial and Appeal Board may grant rehearings.
(d)Treatment of Prior Appointments.— The Secretary of Commerce may, in the Secretary’s discretion, deem the appointment of an administrative patent judge who, before the date of the enactment of this subsection, held office pursuant to an appointment by the Director to take effect on the date on which the Director initially appointed the administrative patent judge. It shall be a defense to a challenge to the appointment of an administrative patent judge on the basis of the judge’s having been originally appointed by the Director that the administrative patent judge so appointed was acting as a de facto officer.
(Added Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4717(2)], Nov. 29, 1999, 113 Stat. 1536, 1501A–580; amended Pub. L. 107–273, div. C, title III, § 13203(a)(2), Nov. 2, 2002, 116 Stat. 1902; Pub. L. 110–313, § 1(a)(1), Aug. 12, 2008, 122 Stat. 3014; Pub. L. 112–29, § 7(a)(1), Sept. 16, 2011, 125 Stat. 313.)
Connections183 cite this · traces to 6
Cited by 183 sections · top 60
U.S. Code
- § 41Patent fees; patent and trademark search systems
- § 134Appeal to the Patent Trial and Appeal Board
- § 141Appeal to Court of Appeals for the Federal Circuit
- § 2182Inventions conceived during Commission contracts; ownership; waiver; hearings
- § 1295Jurisdiction of the United States Court of Appeals for the Federal Circuit
- § 20135Property rights in inventions
- § 143Proceedings on appeal
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CFR
- § 1.52Language, paper, writing, margins, read-only optical disc specifications.
- § 1.75Claim(s).
- § 1.510Request for ex parte reexamination.
- § 1.26Refunds.
- § 1.25Deposit accounts.
- § 42.5Conduct of the proceeding.
- § 1.153Title, description and claim, oath or declaration.
- § 1.12Assignment records open to public inspection.
- § 1.5Identification of patent, patent application, or patent-related proceeding.
- § 1.451The priority claim and priority document in an international application.
- § 2.167Affidavit or declaration under section 15.
- § 1.11Files open to the public.
- § 1.325Other mistakes not corrected.
statute-compilations
statutes-at-large
- Public Law 99–607To authorize appropriations for the Patent and Trademark Office in the Department of Commerce, and for other purposes
- Public Law 100–703To authorize appropriations for the Patent and Trademark Office in the Department of Commerce, and for other purposes
- Public Law 102–204To authorize appropriations for the Patent and Trademark Office in the Department of Commerce for fiscal year 1992, and for other purposes
28 references not yet in our index
- Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4717(2)]
- 113 Stat. 1536
- Pub. L. 107–273, div. C, title III, § 13203(a)(2)
- 116 Stat. 1902
- Pub. L. 110–313, § 1(a)(1)
- 122 Stat. 3014
- Pub. L. 112–29, § 7(a)(1)
- 125 Stat. 313
- Pub. L. 112–29
- July 19, 1952, ch. 950
- 66 Stat. 793
- Pub. L. 92–132
- 85 Stat. 364
- Pub. L. 93–596, § 1
- 88 Stat. 1949
- Pub. L. 94–131, § 2
- 89 Stat. 690
- Pub. L. 97–247
- 96 Stat. 320
- Pub. L. 102–204, § 8
- 105 Stat. 1641
- Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4715(a), 4731]
- Pub. L. 110–313, § 1(a)(1)(A)
- Pub. L. 110–313, § 1(a)(1)(C)
- Pub. L. 107–273
- Pub. L. 112–29, § 7(e)
- 125 Stat. 315
- Pub. L. 106–113
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cites case law
§ 6
Patent Trial and Appeal Board
Fed. Reg.×156
C.F.R.×16
U.S.C.×7
Stat.×3
Stat. Comp.×1
Pub. L.Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4717(2)]
Stat.113 Stat. 1536
Pub. L.Pub. L. 107–273, div. C, title III, § 13203(a)(2)
Stat.116 Stat. 1902
Pub. L.Pub. L. 110–313, § 1(a)(1)
Cites 34 · showing 11Cited by 183 across 5 sources