PTABs

PTAB stands for the Patent Trial and Appeal Board. It is an administrative tribunal within the United States Patent and Trademark Office (USPTO). The PTAB was established by the America Invents Act (AIA) in 2012. Its primary function is to hear appeals from final decisions of patent examiners in ex parte reexamination and patent applications. Additionally, the PTAB conducts inter partes review (IPR), post-grant review (PGR), and covered business method (CBM) patent review proceedings.

These review proceedings allow third parties to challenge the validity of granted U.S. patents on grounds of anticipation, obviousness, or enablement. IPR proceedings can be initiated by any party who is not the patent owner, generally after a one-year grace period following a final written decision in an ex parte reexamination or the grant of the patent. PGR proceedings offer a broader scope for challenging patent validity and can be filed by any party, including the patent owner, within nine months of the patent's grant. CBM reviews are specifically for patents that claim a method for performing a financial product or service.

The PTAB is composed of administrative patent judges who are appointed by the Secretary of Commerce. These judges have expertise in patent law and technology. Decisions made by the PTAB can be appealed to the United States Court of Appeals for the Federal Circuit. The PTAB plays a significant role in patent law by providing an alternative and often faster forum for challenging patent validity compared to traditional district court litigation.