# MPEP § 1721: Treatment of Court and Patent Trial and Appeal Board Decisions Affecting Patent and Trademark Office Policy and Practice

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/MPEP_S1721

## Section

- **Citation:** MPEP § 1721
- **Heading:** Treatment of Court and Patent Trial and Appeal Board Decisions Affecting Patent and Trademark Office Policy and Practice
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** USPTO MPEP / Chapter 1700 - Miscellaneous / MPEP § 1721

## Text

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
ctor 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.
[top]

## Nearby sections

- [MPEP § 1701 Office Personnel Not To Express Opinion on Validity, Patentability, Expiration Date, or Enforceability of Patent](https://www.frixlaw.com/law-library/statutes/MPEP_S1701.md)
- [MPEP § 1701.01 Office Personnel Not To Testify](https://www.frixlaw.com/law-library/statutes/MPEP_S1701.01.md)
- [MPEP § 1702 Restrictions on Current and Former Office Employees Regarding Patent Matters](https://www.frixlaw.com/law-library/statutes/MPEP_S1702.md)
- [MPEP § 1703 The Official Gazette](https://www.frixlaw.com/law-library/statutes/MPEP_S1703.md)
- [MPEP § 1704 Application Records and Reports](https://www.frixlaw.com/law-library/statutes/MPEP_S1704.md)
- [MPEP § 1705 Examiner Docket, Time, and Activity Recordation](https://www.frixlaw.com/law-library/statutes/MPEP_S1705.md)
- [MPEP § 1720 Dissemination of Court and Patent Trial and Appeal Board Decisions](https://www.frixlaw.com/law-library/statutes/MPEP_S1720.md)
- [MPEP § 1721 Treatment of Court and Patent Trial and Appeal Board Decisions Affecting Patent and Trademark Office Policy and Practice](https://www.frixlaw.com/law-library/statutes/MPEP_S1721.md)
- [MPEP § 1730 Information Sources](https://www.frixlaw.com/law-library/statutes/MPEP_S1730.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/MPEP_S1721. Check the current official text before relying on it. Not legal advice.