Board of Patent Appeals and Interferences

From Wikipedia, the free encyclopedia

The Board of Patent Appeals and Interferences (BPAI) is a body of the United States Patent and Trademark Office (USPTO), which decides issues of patentability. If an applicant for an invention cannot convince a patent examiner that they are entitled to their claims, then the applicant can appeal the examiner's decision to the board. Decisions of the board can be further appealed to the Court of Appeals for the Federal Circuit (CAFC) or to a district court under 35 U.S.C. 145. The decisions of the CAFC can be further appealed to the United States Supreme Court. The U.S. Supreme Court has the final word on the judicial standards for patentability.

The United States Congress, however, can change laws and thus override a decision of the United States Supreme Court.

The procedure for appealing an examiner's decision to the board of appeals is described in section 1200 of the U.S. Manual of Patent Examining Procedure (MPEP) [1].

As of 2006, the Chief Administrative Patent Judge is Michael R. Fleming. The Vice Chief Administrative Patent Judge is Gary V. Harkcom.