Get The Opinion Is Otherwise Not Binding Precedent - Uspto

Hear this out loud PauseThe opinion sets out the decision of the court and the reasons for the decision. Parties may seek review of a decision of the Federal Circuit in the Supreme Court of the United States. If the panel determines that its decision will add significantly to a body of law, it issues a precedential opinion.

PTAB TrialBasisPost Grant Review (PGR)101, 102, 103, 112, double patenting but not best modeInter Partes Review (IPR)102 and 103 based on patents and printed publicationsCovered Business Method (CBM)Same as PGR (except does not permit 102(e) art)

35 U.S.C. 141 Appeal to Court of Appeals for the Federal Circuit. (a) EXAMINATIONS. —An applicant who is dissatisfied with the final decision in an appeal to the Patent Trial and Appeal Board under section 134(a) may appeal the Board's decision to the United States Court of Appeals for the Federal Circuit.

The refusal to grant claims because the subject matter as claimed is considered unpatentable is called a “rejection.” The term “rejected” must be applied to such claims in the examiner's action. If the form of the claim (as distinguished from its substance) is improper, an “objection” is made.

Hear this out loud PauseYou can either appeal the decision directly to the United States Court of Appeals for the Federal Circuit, or you can file a civil action against the Director of the PTO in the United States District Court for the District of Columbia.

Hear this out loud PauseAfter a PTAB final written decision, a party may either (or both): Request a rehearing at the PTAB (see Rehearing Requests). Appeal to the Federal Circuit (see Federal Circuit Appeals). A party may only appeal PTAB decisions to the Federal Circuit.