If you have to go in front of the Patent Trial and Appeal Board, also known as the PTAB, you should know exactly what you are getting into. This board can make decisions that have enormous consequences for patent holders. An Orange County, California patent lawyer can help you if you have to appear in front of this board and defend your intellectual property.

What is the Role of the Patent Trial and Appeal Board?

The Patent Trial and Appeal Board focuses on resolving any disputes relating to patents. It functions much like a court would, and it can handle different kinds of cases relating to patents.

The PTAB might hear a challenge to the validity of a patent based on the existence of previous patents and works, with someone arguing that an invention is not novel or non-obvious enough to deserve protection. This is called an Inter Partes Review, or IPR. The board can also handle a Post-Grant Review, or PGR, which can be brought forward for a wider variety of reasons. Any challenge to your patent can be tough to deal with though.

How Do Proceedings in Front of This Board Differ From Federal Court Cases?

The PTAB is like a court, but there are some key differences. The Patent Trial and Appeal Board:

Makes decisions quickly: The PTAB strives to make a decision quickly, at least compared to the pace of the courts. 12 months is usually the goal, although an extension to 18 months is possible.

Employs experts: The people on this board are not just judges. They have highly specific technical knowledge, making them uniquely suited to handling these decisions fairly.

What Should I Do Before Going in Front of the Patent Trial and Appeal Board?

If you are going to meet with the PTAB, you should take some steps to prepare yourself. We recommend:

  • Learning about the PTAB processes and timelines
  • Seeking out experts who can testify on your behalf
  • Staying tuned to other PTAB cases and decisions

Then it’s a good idea to talk to a lawyer who is experienced in these matters.

Do I Need a Patent Lawyer?

You really should not try to go into this process by yourself. A seasoned attorney from our firm can help you make a compelling case to the Patent Trial and Appeal Board. We have experience with this and we know what kinds of things the PTAB is looking for. Our knowledge might be able to help you here.

Talk to an Attorney Today

If you have business before the PTAB, you should make sure that you’re ready to make the best possible impression. Contact Burns Patent Law and schedule a consultation. We would be happy to tell you more about how we can be of assistance.