37 CFR § 43.5 - Review of decisions by non-Management Judges.

---
identifier: "/us/cfr/t37/s43.5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "37 CFR § 43.5 - Review of decisions by non-Management Judges."
title_number: 37
title_name: "Patents, Trademarks, and Copyrights"
section_number: "43.5"
section_name: "Review of decisions by non-Management Judges."
chapter_name: "UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE"
subchapter_number: "A"
subchapter_name: "GENERAL"
part_number: "43"
part_name: "DECISION CIRCULATION AND REVIEW WITHIN THE PATENT TRIAL AND APPEAL BOARD"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "35 U.S.C. 2(b)(2), 6, 134, 135, 311, 316, 321, and 326."
regulatory_source: "89 FR 49814, June 12, 2024, unless otherwise noted."
cfr_part: "43"
---


# 43.5 Review of decisions by non-Management Judges.

If the Office establishes procedures governing the internal circulation and review of decisions prior to issuance to one or more designated members of the Board:

(a) No Management Judge or an officer or employee external to the Board shall participate directly or indirectly in any such review and the reviewing non-Management Judges shall not discuss the substance of any circulated decision with a Management Judge prior to issuance of the decision, except with a Management Judge who is a member of the panel; and

(b) Any edits, suggestions, or feedback provided to the panel pursuant to such circulation and review are optional and in the sole discretion of the panel to accept. The panel has final authority and responsibility for the content of a decision and determines whether and how to incorporate any feedback provided.