PTAB procedures updated to increase transparency
The US Patent and Trademark Office (USPTO) announced yesterday that it is updating its Patent Trial and Appeal Board (PTAB) procedures in an effort to increase transparency.
The revised Standard Operating Procedures (SOPs) relate to the assignment of judges to panels at the PTAB, and precedential and informative decisions.
According to the USPTO, the updated procedures are based on feedback from stakeholders, courts and legislators, and on six years of experience with America Invents Act trial proceedings.
“The revisions focus upon increasing transparency, predictability, and reliability across the USPTO,” said the office.
Under the changes relating to precedential and informative decisions, the USPTO has created a Precedential Opinion Panel (POP). This panel will typical comprise of Iancu, the USPTO’s commissioner for patents, Drew Hirshfeld, and the chief judge for the PTAB, Scott Boalick.
The POP has been designed to serve two primary functions. First, “it may be convened to rehear matters in pending trials and appeals”, such as issues of exceptional importance, the USPTO said. Second, the POP may assist Iancu in “determining whether a decision previously issued by the PTAB should be designated as precedential or informative”.
It is expected that the revisions under this part of the SOPs will result in more decisions being designated as precedential, the USPTO said.
The office added that the POP and the procedures under this part of the SOPs are expected to replace the practice of expanded panelling—a panel comprising more than three judges—with one that is more transparent and predictable.
However, the SOPs explain that panels of more than three judges should be rare and will only occur if Iancu has approved them.
Under the revisions regarding the assignment of judges, the updated SOPs explain the procedures for panel assignment and informing parties regarding panel changes. For example, a panel may change if a judge is unavailable of if a judge recuses his or herself.
Did you enjoy reading this story? Sign up to our free daily newsletters and get stories like this sent straight to your inbox.
Today's top stories
French IP director confirms EPO vice president application
Marques 2018: The scope of GI protection
UK inclusion in UPC post-Brexit ‘not possible’: researchers
Marques 2018: The evolving state of EU copyright law
Levi’s takes on Chinese counterfeiters in US court
Hogan Lovells hires IP lawyer as managing partner for Germany
