Wednesday, October 11 2023   \  Published by JD Supra.

PTAB Update! USPTO Proposes New Rules and SOP4 on Internal Circulation and Review of PTAB Decisions

PTAB Update! USPTO Proposes New Rules and SOP4 on Internal Circulation and Review of PTAB Decisions

The USPTO published a Notice of Proposed Rulemaking (NPR) on Friday proposing new rules governing pre-issuance internal circulation and review of decisions within the PTAB. 88 Fed. Reg. 69578-69583 (Oct. 6, 2023). The Office also released a new standard operating procedure (SOP 4) providing specific procedures for pre- and post-issuance optional decision review. The NPR and SOP 4 continue the Director’s goal of providing increased clarity and transparency concerning the scope of permissible communications between panels and those within the PTAB who are permitted to review such decisions. They also provide guidance on related issues such as the paneling and repaneling of PTAB panels and the possible selection of decisions for sua sponte Director review. Below is a high-level summary of the NPR and SOP 4. Comments on the NPR are due by December 5, 2023 and can be submitted at www.regulations.govRead more

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