Board of Patent Appeals and Interferences
"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 Michael Fleming .
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.
BPAI Contact Information
Phone: 571-272-9797 (General)
Phone: 571-272-4683 (Trial Division)
FAX 1: 571-273-0053
FAX 2: 571-273-0052
FAX 3: 571-273-0042 (Interference Trial Division ONLY)
FAX 4: 571-273-0299 (All Oral Hearing Notice Responses, except Biotech)
FAX 5: 571-273-0300 (Ex Parte Biotech Oral Hearing Notice Responses ONLY)
Official Mailing Address:
Appeal Related Matters*
Board of Patent Appeals and Interferences
US Patent and Trademark Office
PO Box 1450
Alexandria, Virginia 22313-1450
Interference Related Matters
(including Interference Trial Division Matters):
Mail Stop INTERFERENCE
Board of Patent Appeals and Interferences
US Patent and Trademark Office
PO Box 1450
Alexandria, Virginia 22313-1450
For delivery via Fedex, UPS, etc.:
US Patent and Trademark Office
Board of Patent Appeals and Interferences
Madison Building (East)
600 Dulany Street
Alexandria, Virginia 22313
*All correspondence in an appeal to the Board during the period beginning when an appeal docketing notice is issued and ending when a decision has been rendered, including any request for rehearing of a decision by the Board.
Some contents linked to on this page require a plug-in for PDF and DOC files
Board Procedures
Patent Interference Information
Interference Trial Division Forms
Interference Trial Division Rulemaking
Transcripts of Interference Roundtables
