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Online Form Will Simplify Request Procedure

To date, in order to submit an amicus brief in a PTAB case selected for Precedential Opinion Panel (POP) consideration, an interested party would either look to an Order from the Board in a subject case inviting such, or approach the Board/parties to communicate their request to the assigned panel. Today the Board introduced an online form to submit such requests directly to the agency. (here)

The Board obviously has an interest in simplifying procedures, but, of particular note here is the potential benefit of this interface to pending disputes over administrative law practices of the agency.
Continue Reading PTAB Adds Online Interface for POP Related Amicus Requests

AIA Trial Fees Increasing + New Pro Hac Fee

The United States Patent and Trademark Office (USPTO) is increasing Patent and Patent Trial and Appeal Board (PTAB) fees for a second time in three years.  The new fees schedule, effective October 2, 2020, incudes a new fee for non-registered practitioners to appear before the PTAB pro hac vice.  Patent reexamination and reissue fees will increase by roughly 5%. )
Continue Reading PTAB Trial Fees Increase 25% in October

Patent & Trademark Due Dates Pushed to 6/1

Not surprisingly, the United States Patent and Trademark Office (USPTO) again extended the time to file certain patent and trademark-related documents and to pay certain required fees, which otherwise would have been due between March 27 and May 31, to June 1, 2020.  This is in…

LEAP Program Launches 5/15

Today, the USPTO officially launched the Patent Trial and Appeal Board’s (PTAB) Legal Experience and Advancement Program (LEAP). LEAP is designed to foster development of the next generation of patent practitioners by creating opportunities to gain the proper skills and experience in oral arguments before the Board. The USPTO explains that it understands “stand up” speaking opportunities before tribunals are limited and that gaining courtroom experience is advantageous for practitioners in their career development.

A LEAP practitioner is defined as someone who is new to the practice of law or new to practice before the PTAB.  To qualify as a LEAP practitioner, a patent agent or attorney must have three or fewer substantive oral arguments in any federal tribunal, including PTAB, and seven or fewer years of experience as a licensed attorney or agent. 
Continue Reading PTAB Offers Expanded Oral Argument Times to New Attorneys

Most Patent/Trademark Prosecution Dates Extendible – Some PTAB

The United States Patent and Trademark Office (USPTO) today announced extensions to the time allowed to file certain patent and trademark-related documents and to pay certain required fees. These actions are an exercise of temporary authority provided to the USPTO by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) signed by President Trump on March 27.  Today’s announcement is in addition to earlier announced accommodations.
Continue Reading USPTO Offers 30 Day Extensions Under CARES Act

One-Year Clerkship Opportunities

The PTAB has created and is hiring for a new Judicial Law Clerk Program. The PTAB modeled this program off the judicial law clerk program used in the federal courts.

Judicial law clerks will gain experience working at the PTAB for a one-year term directly with one or more administrative patent judges…

Prosecutor’s Tool Box 2017

Patent prosecutors navigate complex USPTO rules and seemingly esoteric examinational requirements to procure patent rights. In doing so, it is easy to lose sight of the fact that the Manual of Patent Examining Procedure (MPEP) does not have the full force and effect of law. Nevertheless, patent examiners (rarely trained lawyers) adhere to their interpretation of the Manual requirements. To budge examiners off of entrenched, legal positions, savvy prosecutors will keep a trained eye on the Federal Circuit for help.

2017 provided several decisions of immediate value to patent prosecutors.
Continue Reading 2017 CAFC Guidance for Patent Prosecutors