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United States Patent and Trademark Office Standard Operating Procedures

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Jones Day

PTAB Updates its SOP for Assigning Judges to Panels

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The PTAB recently updated its Standard Operating Procedure 1 (SOP), which describes the process and guidelines for assigning judges to panels in all jurisdictions of the Board.  This blog post highlights some of the key...more

Fish & Richardson

USPTO Issues Proposed Rules on Pre-Issuance Internal Circulation and Review of PTAB Decisions

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On October 6, the United States Patent and Trademark Office issued a Notice of Proposed Rulemaking regarding pre-issuance internal circulation and review of decisions of the Patent Trial and Appeal Board. The Office also...more

Jones Day

No Rehearing Response During POP Request Pendency

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In Sand Revolution II, LLC v. Continental Intermodal Group-Trucking LLC, IPR2019-1393, Paper 19, (PTAB April, 7 2020), the Board denied briefing based on a lack of jurisdiction while the Precedential Opinion Panel request was...more

Jones Day

PTAB Judges Discuss Recent Procedure Changes in Boardside Chat

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The Patent Trial and Appeal Board held a Boardside Chat on October 10, 2019, discussing the various recent changes made to PTAB procedures. The panel discussion featured Chief Judge Scott Boalick, Deputy Chief Judge Jackie...more

Polsinelli

How to Get a PTAB Decision Designated Precedential

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This past year, we have seen the Patent Trial and Appeal Board (PTAB) designate a number of decisions as precedential and informative more so than in past years. This is directly a result of the USPTO’s revised Standard...more

Bass, Berry & Sims PLC

Eight America-Invents-Act Trial Decisions Designated either Precedential or Informative in Past Six Weeks

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Practitioners have long sought more predictability and uniformity at the Patent Trial and Appeal Board (PTAB), and it now appears the United States Patent and Trademark Office (USPTO) is taking that issue head on. On...more

Foley & Lardner LLP

PTAB SOP 1 Explains APJ Paneling Process

Foley & Lardner LLP on

Recently the USPTO Patent Trial and Appeal Board (PTAB) revised several of its Standard Operating Procedures (SOPs), including PTAB SOP 1 which relates to how Administrative Patent Judges (APJs) are assigned to cases. SOP 1...more

Foley & Lardner LLP

Will PTAB SOP 2 Promote Uniformity Across The USPTO

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The USPTO Patent Trial and Appeal Board (PTAB) recently revised its Standard Operating Procedures, including PTAB SOP 2 which creates a new procedure for Precedential Opinion Panel review and outlines a process anyone can...more

Jones Day

Precedential Opinion Panel to Review Same-Party Joinder

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In September, the Patent Office revised Standing Operating Procedure 2 to create a new review path for designating opinions precedential or informational. Under the new rule, the review is performed by the Precedential...more

Jones Day

Revised Standard Operating Procedure 2 and the New Path to PTAB Precedent

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Prior to the USPTO’s issuance of revised Standard Operating Procedure (SOP) 2 on September 20, 2018 (available here), designation of Board decisions as Precedential or Informative required, among other things, nomination of a...more

Jones Day

USPTO’s Revised SOP Sheds Light on Selection of PTAB Panels

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The USPTO has revised its standard operating procedure (SOP) governing the assignment of judges to panels in Patent Trial and Appeal Board (PTAB) cases. The SOP, available here, provides guidance to Board administrative...more

Fish & Richardson

PTAB Issues Revised Standard Operating Procedures

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

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

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

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...more

Knobbe Martens

PTAB Issues New Remand Procedures

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On November 16, 2017, the USPTO issued new procedures (“Standard Operating Procedure 9”) for governing cases remanded from the Federal Circuit. These procedures are applicable to all decisions remanded from the Federal...more

Jones Day

PTAB Issues Revised Procedure For Decisions Remanded From The Federal Circuit

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On November 16, 2017, the PTAB announced its revised Standard Operating Procedure for decisions remanded from the Federal Circuit for further proceedings. In SOP 9, the PTAB provides guidance to panels and parties that...more

WilmerHale

Remands From the Federal Circuit Back to the Patent Trial and Appeal Board: Are They a “Redo” or Something More Limited?

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The Court of Appeals for the Federal Circuit (Federal Circuit), the reviewing court for the decisions issued by the Patent Trial and Appeal Board (Board), has handled over 1,000 appeals from the Board on patent trials...more

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