MPEP § 1721 — MPEP § 1721
Current through: 2022-07-01

1721-Treatment of Court and Patent Trial and Appeal Board Decisions Affecting Patent and Trademark Office Policy and Practice 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 1700 

 Section 1721 
 

 
 
 
 
 
 1721 Treatment of Court and Patent Trial and Appeal Board Decisions
 Affecting Patent and Trademark Office Policy and Practice [R-07.2022]
 

 In the event the Patent Trial and Appeal Board (Board) or court decision
 is one that significantly adds to the body of law by, for example, addressing a new legal
 or procedural issue, or providing a new interpretation of a prior decision, such a decision
 may result in a United States Patent and Trademark Office (USPTO) memorandum pointing out
 the significance of the decision to the examination process.
 

 When any examiner or supervisor in the Patent Examining Corps (Corps)
 concludes that a recent decision of the Board or a court affects existing USPTO policy or
 practice, the matter should be brought to the attention of the appropriate TC Director
 through normal chain-of-command procedures.
 

 When the TC Director believes that guidance to the Corps is warranted as a
 result of a decision, the TC Director should consult with the Deputy Commissioner for
 Patents who oversees the Office of Petitions and provide a draft of the guidance that is
 recommended as appropriate under the circumstances. The Deputy Commissioner for Patents who
 oversees the Office of Petitions will then consult appropriate Office officials, as
 necessary, to formulate a recommendation to the Commissioner for Patents on the policy
 implications of the decision's opinion.
 

 It may be necessary for the Director, General Counsel, Solicitor, Chief
 Administrative Patent Judge, Commissioner for Patents, one or more Deputy Commissioners for
 Patents and TC Director making the recommendation to meet to review and discuss the policy
 ramifications of the decision's opinion and recommended guidance to enable the Director to
 determine how the USPTO will proceed.
 

 Communication of the determination of the policy implications of the court
 or Board decision will normally take place by either notice in the Official
 Gazette and/or via memorandum to USPTO personnel. Ultimately, the policy
 implications of the decision will be officially incorporated into the Manual of Patent
 Examining Procedure and Office of Patent Training curriculum materials during the next
 update cycle for these reference materials.
 

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 1701-Office Personnel Not To Express Opinion on Validity, Patentability, Expiration Date, or Enforceability of Patent 
 1701.01-Office Personnel Not To Testify 

 
 

 1702-Restrictions on Current and Former Office Employees Regarding Patent Matters 

 1703-The Official Gazette 

 1704-Application Records and Reports 

 1705-Examiner Docket, Time, and Activity Recordation 

 1706-1719-[Reserved] 

 1720-Dissemination of Court and Patent Trial and Appeal Board Decisions 

 1721-Treatment of Court and Patent Trial and Appeal Board Decisions Affecting Patent and Trademark Office Policy and Practice 

 1722-1729-[Reserved] 

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 Last Modified: 
 
 03/09/2026 20:49:27