PTAB Issues New Standard Operating Procedure Addressing Remands from Federal Circuit: The New Standards and How They May Affect Your Remand

On November 16, 2017 the U.S. Patent and Trademark Office posted a new Standard Operating Procedure (SOP) addressing the conduct of cases remanded from the Federal Circuit to the Patent Trial and Appeal Board (PTAB). New “SOP 9” provides instructions to panels of the PTAB as well as guidance to the public on how remand proceedings are to be conducted. At a high level, the new SOP seeks to formalize the criteria for authorizing additional briefing, the introduction of new evidence, and the availability of additional oral hearings. The SOP confirms the PTAB’s goal of completing remand proceedings within six months of the Federal Circuit’s mandate. The SOP also directs panels of the PTAB to proactively consult with the Chief Judge, the Deputy Chief Judge, or one of the Vice Chief Judges within a month of the Federal Circuit decision. The SOP explains that this consultation procedure is intended in part to allow PTAB leadership to consider whether an expanded panel and precedential designation are warranted...

Please see full publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Sterne, Kessler, Goldstein & Fox P.L.L.C.
Contact
more
less

Sterne, Kessler, Goldstein & Fox P.L.L.C. on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide