Board of Patent Appeals and Interferences

Board of Patent Appeals and Interferences

The Patent Office is to have a Board of Patent Appeals and Interferences. The Board of Patent Appeals is made up of the Director, the Deputy Director, the Commissioner for Patents, the Commissioner for Trademarks and the administrative patent judges. The judges must have a significant amount of legal knowledge relevant to the function of the Patent Office. Board judges are appointed by the Secretary of Commerce with input from the Patent Office Director.

Board Duties

The Board of Patent Appeals is responsible for reviewing all written appeals sent in from patent applicants and review adverse decisions made by patent examiners. The Board is to determine patent ability. 

Authority of the Secretary of Commerce

The Secretary of Commerce has the ability to give their opinion to the Director regarding the qualifications of a Board of Patent Appeals judge appointed by the Director.

Challenging an Appointment

If a judge was acting as a Patent Office officer before they were appointed a judge, that is a acceptable challenge that may be accepted to challenge whether or not that person should be a Board judge.

What are Public Advisory Committees

What are Public Advisory Committees

The United States Patent Office 

Public Advisory Committee Qualifications

Members of the committees are to be citizens of the United States and be suited to best serve the diverse users of the United States Patent Office. Members should represent both small and large entities and no less than 25% of committee members should represent small business entities such as non-profit organizations and individual inventors. Public Advisory Committee members should have knowledge and a background regarding finance, management, labor relations, science, technology and office automation. 

Meeting times are designated by the Chair and the Chair will decide the agenda of the meeting.

Members of public advisory committees are responsible for reviewing the policies, goals, performance, budget and user fees associated with the Patent Office. This is to be completed within 60 days of the end of each fiscal year. A report on those matter is to be prepared and sent to the Secretary of Commerce, the President and the Committees on the Judiciary of the Senate and the House of Representatives. The report must also be published in the Official Gazette of the United States Patent and Trademark Office. 
Committee members are to have access to all documents within the Patent Office with the exception of personnel or privileged information regarding patent applications meant to be kept confidential.
Open Meetings

Meeting help by the public advisory committees are to be open to the public with the exception of meetings preceded by a vote to call for a private executive session to discuss confidential information.

Members of the Patent Office committees are compensated for each day they work to attend meetings or conferences including travel time. Their pay is based on basic pay in effect for level III of the Executive Schedule.

Patent Trolling

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