Patent Appeal Law and Legal Definition

Appeals from decisions of patent examiners rejecting patent applications are specifically authorized by 35 U.S.C. §134. After a second rejection by a patent examiner, the applicant can appeal to the Board of Patent Appeals and Interferences (“BPAI,” or “Board”). The rules of the Board control those appeals and are found at 37 CFR Part 41.

On June 10, 2008, the PTO promulgated amended regulations governing procedures of the Board at 73 Fed. Reg. 32938-32997. The new rules provide detailed and extensive requirements for pursuing an ex parte patent appeal. An ex parte patent appeal is an appeal from a final rejection of a claim by a patent examiner.