News & Events

September 21, 2018

PTAB Issues Revised Standard Operating Procedures

The PTAB has updated its Standard Operating Procedures (SOPs) regarding the paneling of matters before the PTAB (SOP1) and precedential and informative decisions (SOP2).

These updates focus on increasing transparency, predictability, and reliability across the USPTO, and are based on feedback from stakeholders, courts, and legislators. The updated SOP1 explains the procedures for panel assignment and for informing parties about panel changes, as well as explains the process for designating panels with more than three judges. The updated SOP2 creates a Precedential Opinion Panel (POP) comprised of the Director, the Commissioner for Patents, and the Chief Judge of the PTAB. The POP will serve two main functions: (1) it may be convened to hear matters pending trials and appeals, and (2) it may assist the Director in determining whether a decision previously issued by the PTAB should be designated as precedential or informative.

Fish will monitor the implementation of the new SOPs and assess any impacts they may have on post-grant practice at the USPTO.

Tags:
No Comments

Sorry, the comment form is closed at this time.

Fill out the form below to receive our monthly newsletter and updates on your selected areas of interest. You can unsubscribe at any time by clicking the unsubscribe link at the bottom of the email.

  • Fish & Richardson P.C. is committed to protecting and respecting your privacy, and we’ll only use your personal information to administer your account and to provide the services you requested from us. From time to time, we would like to contact you about our services, as well as other content that may be of interest to you. If you consent to us contacting you for this purpose, please tick below.
  • In order to provide you the content requested, we need to store and process your personal data. If you consent to us storing your personal data for this purpose, please tick the checkbox below.
  • You can unsubscribe from these communications at any time. This can be done by clicking the unsubscribe link at the bottom of marketing emails you receive from us, or by emailing info@fr.com stating that you would like to be unsubscribed.
  • This field is for validation purposes and should be left unchanged.