Rick Bisenius Quoted in Law.com Article, “Skilled in the Art: How PTAB is Boosting the Next Generation of IP Lawyers”
Fish Principal Rick Bisenius was interviewed for Law.com’s “Skilled in the Art” series on May 4, 2020 where he discussed the USPTO’s Legal Experience and Advancement Program (LEAP), which allows attorneys with less than seven years’ experience an extra 15 minutes of argument time before the Patent Trial and Appeal Board (PTAB).
PTAB Launches Legal Experience and Advancement Program (LEAP) for Next Generation of Patent Practitioners
The USPTO announced Tuesday that it was launching the Patent Trial and Appeal Board (PTAB) Legal Experience and Advancement Program (LEAP). LEAP is designed to foster development of the next generation of patent practitioners by creating opportunities to gain the proper skills and experience in oral arguments before the Board.
The Supreme Court ruled today in Thryv, Inc. v. Click-to-Call Technologies, LP that decisions that an inter partes review petition was timely filed cannot be appealed. In a 7-2 decision penned by Justice Ginsburg, the Court held that since the America Invents Act (AIA) states that PTAB decisions instituting review are “final and nonappealable,” appellate review for any matters “closely tied” to such decisions is similarly unavailable. A time bar challenge “easily meets that measurement,” Justice Ginsburg wrote.
The Patent Trial and Appeal Board’s Precedential Opinion Panel (POP) recently designated two decisions as precedential concerning the Board’s discretion to deny petitions for inter partes review (IPR) under § 325(d).