The PTAB does sometimes make mistakes and isn’t shy about owning up to them. As long as a rehearing request identifies a dispositive misunderstanding or omission by the Board, it stands a good chance of success.
Tag Archives: rehearing
Like any good set of rules, the PTAB trial rules provide for their modification or waiver in appropriate situations. That’s right — there’s a rule to break the rules. Three of them, in fact: 37 C.F.R. §§ 42.5(b), 5(c)(1), and 5(c)(3).
· Rule 5(b) authorizes the PTAB to waive or suspend any requirement of parts 1, 41, and 42 of 37 C.F.R.… More
The Supreme Court’s Alice v CLS Bank decision (2013) restricted categories of patentable subject matter in both the courts and in the Patent Office, including at the Patent Trial and Appeal Board. A look at the statistics at the PTAB shows just how effective a § 101 challenge can be.
The Supreme Court in Alice held that patents claiming “abstract ideas” are invalid and not eligible subject matter. … More