|
The
PTAB has substantially revised its Standard Operating Procedures (“SOPs”) regarding
paneling of matters before the PTAB (SOP1) and precedential and informative
decisions (SOP2). The revisions focus upon increasing transparency,
predictability, and reliability across the USPTO. They update the procedures based upon feedback
received from stakeholders, courts, legislators, and our 6 years of experience
with AIA trial proceedings.
Revised
SOP1 explains the procedures for panel assignment and for informing parties
regarding panel changes. It also
explains the process for designating panels with more than three judges, and
notes that such panels should be rare and will only occur with the approval of
the Director.
Revised
SOP2 creates a Precedential Opinion Panel (POP), typically comprising the Director,
the Commissioner for Patents, and the Chief Judge of the PTAB. The POP will serve two
primary functions: 1) it may be convened to rehear matters in pending trials and appeals,
for example on issues of exceptional importance; and 2) it may assist the Director
in determining whether a decision previously issued by the PTAB should be designated
as precedential or informative. It is
expected that the POP and the procedures described in
revised SOP2 will, in most cases, replace the prior practice of expanded
paneling under SOP1, with a process that is more transparent and predictable. It
is also expected that revised SOP2 will result in more decisions being
designated as precedential.
Revised
SOP2 includes, among other things:
- Creation
of the POP, typically comprising the Director, the
Commissioner for Patents, and the Chief Judge of the PTAB;
- Identification
of the circumstances when POP members may delegate their authority, and to
whom;
- Provision
of notice to the parties when POP review takes place, as well as the
identification of the POP members in a particular case;
- Explanation
of the standards, procedures, and timing for requesting POP review in a pending
case on rehearing; and
- Revised
procedures for designating a decision previously issued by the PTAB as
precedential or informative.
For
more details about revised SOP1 and SOP2, please see the full text available on
the USPTO website.
|
