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Board of Appeals

Smith Hopen Intellectual Property Term Glossary Definition for Board of Appeals
An adverse decision of a patent examiner is subject to review by the Board of Appeals which is formed from a panel of members that includes the Commissioner of Patents, the deputy commissioner, the assistant commissioners, and examiners-in-chief. At least three members of such panel must hear each appeal. As a general rule, the Board upholds the decision of the examiner in about seventy percent (70%) of all cases. This is roughly the same rate as all appeals in all areas of law.


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