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Hearings (PTAB)

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HearingsThis page contains information concerning hearings for appeals, interferences, and AIA trials conducted by the Patent Trial and Appeal Board.

General


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Appeals

Frequently Asked Questions

The following FAQs pertain to oral hearings for PTAB proceedings. These FAQs are provided solely for convenience.  None of the statements contained in the FAQs establish, modify, or waive any legal rights, responsibilities, or deadlines.


Can inventors or members of the public listen to oral hearings electronically?

No. The Board currently does not create or provide any electronic recording of oral hearings.

Furthermore, the Board generally does not offer telephonic or audiovisual connections to inventors or the public.  While Counsel may participate in oral hearings via a video or telephonic connection, non-participants merely wishing to observe the oral hearing must do so in person.

Can an oral hearing fee be refunded?

Generally, no.  Pursuant to 37 CFR § 1.26(a), a change of purpose after the payment of a fee, such as when a party desires to withdraw a patent filing for which the fee was paid, including an application, an appeal, or a request for an oral hearing, will not entitle a party to a refund of such fee. The Director may refund any fee paid by mistake or in excess of that required.  See 37 CFR § 1.26(a).

Board personnel do not address questions regarding fees.  All questions pertaining to fees and refunds should be directed to the Technical Support Staff of the Group Art Unit that processed the fee.

I received an Order Denying Oral Hearing. How do I request reconsideration and/or petition this order?

The appellant will need to file a petition under 37 CFR § 41.3 and the requisite fee under 37 CFR § 41.20(a) requesting that the hearing request be accepted. Such petition is due within 14 days from the Order Denying Oral Hearing or other time period set by the Board in writing. See 37 CFR § 41.3(e). The Chief Administrative Patent Judge or his/her designee will decide the petition.


Further questions regarding oral hearings should be directed to the Patent Trial and Appeal Board Hearings Clerk, who can be reached at (571) 272-9797.

United States Patent and Trademark Office
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Last Modified: 8/19/2014 1:55:06 PM