Patent Trial and Appeal Board

The Patent Trial and Appeal Board (PTAB) is an administrative law body of the United States Patent and Trademark Office (USPTO) which decides issues of patentability. It was formed on September 16, 2012 as one part of the America Invents Act. As of July, 2015, the Chief Administrative Patent Judge is David P. Ruschke. Prior to its formation, the main judicial body in the USPTO was the Board of Patent Appeals and Interferences (BPAI).

The PTAB is primarily made up of an Appeals Division and a Trial Division. The Appeals Division, with over 100 Administrative Patent Judges, handles appeals of patent examiner rejections, with sections adjudicating different technology areas. The Trial Division, handles contested cases such as Inter Partes Review, Post Grant Review, Transitional Program for Covered Business Method Patents, and Derivation Proceedings.

The PTAB is headed by a Chief Administrative Patent Judge, currently David P. Ruschke with a Vice Chief, currently Scott R. Boalick (acting).

An applicant can appeal the examiner's decision to the PTAB. The appeal procedure is described in section 1200 of the U.S. Manual of Patent Examining Procedure (MPEP). Typically, appeals to the PTAB are conducted ex parte. Decisions of the PTAB are typically rendered as an opinion.

Decisions of the PTAB can be further appealed to the United States Court of Appeals for the Federal Circuit (CAFC) under 35 U.S.C. § 141(a). The decisions of the CAFC may also be reviewed on a discretionary basis by the United States Supreme Court. The U.S. Supreme Court is the ultimate authority on the judicial standards for patentability.

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