C.F.R. » Title 37 » CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE › SUBCHAPTER A—GENERAL › PART 42—TRIAL PRACTICE BEFORE THE PATENT TRIAL AND APPEAL BOARD › Subpart A—Trial Practice and Procedure

37 C.F.R. § 42.80

Certificate

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After the Board issues a final written decision in an inter partes review, post-grant review, or covered business method patent review and the time for appeal has expired or any appeal has terminated, the Office will issue and publish a certificate canceling any claim of the patent finally determined to be unpatentable, confirming any claim of the patent determined to be patentable, and incorporating in the patent any new or amended claim determined to be patentable by operation of the certificate.

Notes of Decisions
Cited in 7 cases (6 in the last 5 years), 2019–2025 · leading case: UNM Rainforest Innovations v. ZyXEL Commc'ns Corp. (W.D. Tex. 2023).
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UNM Rainforest Innovations v. ZyXEL Commc'ns Corp. (W.D. Tex. 2023). · cites it 2× “37 C.F.R. § 42.80 . The PTAB instituted IPR of claims 1, 2, and 11–13 of the ’204 Patent.”
UNM Rainforest Innovations v. AsusTek Comput., Inc. (W.D. Tex. 2023). · cites it 2× “The PTAB allowed substitute claims 6, 7, 9, and 10, but denied substitute claim 8. Id. The PTO will not issue a certificate on the substitute claims until after “the time for appeal has expired or any appeal has been terminated” with respect to the IPR decision.”
UNM Rainforest Innovations v. D-Link Corp. (W.D. Tex. 2023). · cites it 2× “37 C.F.R. § 42.80 . The PTAB instituted IPR of claims 1, 2, and 11–13 of the ’204 Patent.”
3rd Eye Surveillance, LLC v. United States (Fed. Cl. 2019). “Despite the issuance of this final written decision, the Board never issued a trial certificate cancelling the claims pursuant to its authority under 37 C.F.R. § 42.80 . Termination of Proceeding at 2, Department of Justice v.”
Cocona, Inc. v. Columbia Sportswear Co. (D. Colo. 2022). “) Because all appeals are now terminated, the PTAB will issue a Certificate under 37 C.F.R. § 42.80 cancelling Asserted Claims 27 and 35– 37, as well as claims 28, 30, 32, and 33 from the ’287 Patent.”
Cocona, Inc. v. VF Outdoor, LLC (D. Colo. 2022). “) Because all appeals are now terminated, the PTAB will issue a Certificate under 37 C.F.R. § 42.80 cancelling Asserted Claims 27 and 35– 37, as well as claims 28, 30, 32, and 33 from the ’287 Patent.”
Chervon (HK) Ltd. v. One World Tech., Inc. (D. Del. 2025). “” 37 C.F.R. § 42.80 ; see 35 U.S.C. 318(b).”
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