posted on
Apr 05, 2012 07:03PM
Message: ?
Yes , The board of appeals are totally different board members
The Board of Patent Appeals and Interferences (BPAI) is an administrative law body of the United States Patent and Trademark Office (USPTO), which decides issues of patentability.
"The Board of Patent Appeals and Interferences shall, on written
appeal of an applicant, review adverse decisions of examiners upon
applications for patents and shall determine priority and
patentability of invention in interferences ... [35 U.S.C. § 6(b)]."
35 U.S.C. § 6, establishes the Board's membership as the Director, the
Deputy Director, the Commissioner for Patents, the Commissioner for
Trademarks, and the Administrative Patent Judges. The Chief Judge is
James D. Smith.
The Board's two main responsibilities include: (1) the review of ex
parte appeals from adverse decisions of examiners in those situations
where a written appeal is taken by a dissatisfied patent applicant and
(2) the review of interferences to "determine priority" (that is,
decide who is the first inventor) whenever an applicant claims the
same patentable invention which is already claimed by another
applicant or patentee. Each appeal and interference is heard by a
merits panel of at least three members of the Board.
Ex parte appeals from adverse decisions by patent examiners in
applications for patents and in reexamination proceedings filed
pursuant to Chapter 30 of 35 U.S.C. are provided for by 35 U.S.C. §§
134 and 306
appeal of an applicant, review adverse decisions of examiners upon
applications for patents and shall determine priority and
patentability of invention in interferences ... [35 U.S.C. § 6(b)]."
35 U.S.C. § 6, establishes the Board's membership as the Director, the
Deputy Director, the Commissioner for Patents, the Commissioner for
Trademarks, and the Administrative Patent Judges. The Chief Judge is
James D. Smith.
The Board's two main responsibilities include: (1) the review of ex
parte appeals from adverse decisions of examiners in those situations
where a written appeal is taken by a dissatisfied patent applicant and
(2) the review of interferences to "determine priority" (that is,
decide who is the first inventor) whenever an applicant claims the
same patentable invention which is already claimed by another
applicant or patentee. Each appeal and interference is heard by a
merits panel of at least three members of the Board.
Ex parte appeals from adverse decisions by patent examiners in
applications for patents and in reexamination proceedings filed
pursuant to Chapter 30 of 35 U.S.C. are provided for by 35 U.S.C. §§
134 and 306
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