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Patent Trial and Appeal Board |
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PTAB issues updates to the Trial Practice Guide
Today, the PTAB issued updates to the Trial Practice Guide to indicate that the Board will hold a pre-hearing conference fifteen days prior to an AIA oral hearing in cases instituted under the process implemented on October 17, 2025. Parties in other cases may request a pre-hearing conference by emailing Trials@uspto.gov.
During the pre-hearing conference, the Board panel will provide guidance as to the particular issues that the panel would like the parties to address at the hearing (e.g., claim construction issues, reason to combine prior art teachings, or objective indicia of nonobviousness). The conference also will provide the parties the opportunity to identify any issues the parties would like to address at the oral hearing. A sample Scheduling Order that includes this pre-hearing conference is also provided as part of the update.
The Office welcomes stakeholder feedback as it evaluates the utility of this pre-hearing conference. The Office will host a USPTO Hour to explain this new process and answer questions from stakeholders.
Other updates include the removal of references to the transitional program for covered business method patents due to the expiration of this program and updates to citation formatting.
Learn more about the Trial Practice Guide.
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