Pending Appeals Not Impacted by BPAI->PTAB Transformation

Today, the USPTO’s board of administrative patent judges changes its name from the Board of Patent Appeals and Interferences (BPAI) to the Patent Trial and Appeal Board (PTAB).  This transformation is required by the America Invents Act (AIA) and represents a further step in implementation of the new post-grant review trials as well as (eventual) elimination of intereference proceedings.

I received a few e-mails from parties concerned about the how the transformation impacts already pending appeals. The new name has no direct impact on the thousands of ex parte appeals pending before the Board.  For these cases, the transformation really is simply a name change and there is no need for applicants to take any responsive action.


3 thoughts on “Pending Appeals Not Impacted by BPAI->PTAB Transformation

  1. 2

    In fact the Chief Judge himself said that there will be no changes to Appeals due to the AIA when I asked him that question.

  2. 1

    From what I can find the rule changes that take effect on Sept. 16, 2012 don’t impact ex parte appeals at all, whether pending or not. There were new final rules for Ex Parte Appeals that were effect January 23rd of this year, but I don’t see anything in the 240 some odd slides that the PTO has made available that change or impact Ex Parte Appeals.

    If I’m missing something, please post some pointers to where the new rules are.


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