Patent Trial and Appeal Board (PTAB) Boardside Chat webinar, Thursday, February 17, from noon-1 p.m. ET

 

Learn about the PTAB Diversity, Equity, and Inclusion (DEI) Committee

 

Join the next Patent Trial and Appeal Board (PTAB) Boardside Chat webinar on Thursday, February 17, from noon-1 p.m. ET, for a discussion with the PTAB Diversity, Equity, and Inclusion (DEI) Committee. Lead Judge Chris Paulraj, Patent Attorney Asli Carome, Paralegal Specialist Jamilah Sultan, and Paralegal Specialist Nona Durham will provide an overview of the DEI Committee and their work to promote diversity, equity, inclusion, and accessibility at the PTAB.

 

The webinar is free and open to all. Captioning service will be provided.

For more information and to register, visit the PTAB Boardside Chat webinar series event page https://www.uspto.gov/patents/patent-trial-and-appeal-board/learn-about-ptab-diversity-equity-and-inclusion-dei-committee?utm_campaign=subscriptioncenter&utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=.

 

A question and answer session will follow the presentation. Please send questions in advance or during the webinar to PTABBoardsideChat@uspto.gov.

 

Patent Trial and Appeal Board

Learn about common arguments before the PTAB

Join the next Patent Trial and Appeal Board (PTAB) Boardside Chat webinar on Thursday, September 30, from noon to 1 p.m. ET, for a discussion about common arguments before the PTAB. Judge John Jeffery and Patent Attorney Andreas Baltatzis will focus primarily on arguments in ex parte appeals cases. Register in advance. The webinar is free and open to all. Captioning service will be provided. There will be a Q&A session at the end. Please send questions in advance or during the webinar to PTABBoardsideChat@uspto.gov. More information is available on the PTAB Boardside Chat page of the USPTO website.

USPTO announces extension of the Fast-Track Appeals Pilot Program

 Patent Trial and Appeal Board

USPTO announces extension of the Fast-Track Appeals Pilot Program through July 2, 2022

The United States Patent and Trademark Office (USPTO) today announced plans for the Patent Trial and Appeal Board (PTAB) to extend the expiration date for the Fast-Track Appeals Pilot Program, 85 FR 39888 (July 2, 2020). We are submitting a notice of extension to the Federal Register, and we anticipate it will publish shortly. The extended pilot program continues the program for another year. The new expiration date will be July 2, 2022.

The notice of extension also eliminates the upper limit of 500 total granted fast-track petitions, but maintains the limit of 125 granted petitions per quarter.

For additional information on the Fast-Track Appeals Pilot Program, see the PTAB’s webpage on the USPTO website.

 

Patent Trial and Appeal Board

USPTO issues information on implementation of the Supreme Court’s decision in U.S. v. Arthrex, Inc.

As a result of the recent Supreme Court decision in U.S. v. Arthrex, Inc., the United States Patent and Trademark Office (USPTO) has implemented an interim procedure whereby review of a Patent Trial and Appeal Board (PTAB) final decision may be initiated sua sponte by the Director or requested a party to a PTAB proceeding. At this time, a party may request Director review of a final written decision in an inter partes review or post-grant review by filing a request for rehearing by the Director of a PTAB decision and concurrently submitting a notification of that request to the Office by email to Director_PTABDecision_Review@uspto.gov, copying counsel for the parties. More details on the interim Director review process are provided on the USPTO Arthrex information page of the USPTO website. Additionally, the public will be able to ask further questions regarding the USPTO’s implementation of the interim Director review process at our PTAB Boardside Chat on Thursday, July 1, at 10 a.m. ET, and also hear remarks by Drew Hirshfeld, performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO. Learn more about PTAB resources and guidance on the USPTO website.

Coming soon: PTAB webinar about preparing an appeal brief

Join the next Boardside Chat webinar on Thursday, May 13, from noon to 1 p.m. ET, for a discussion about preparing an appeal brief. This program is intended for independent inventors, new practitioners, and those interested in learning more about the Patent Trial and Appeal Board (PTAB).

During the webinar, Vice Chief Judge Janet Gongola, Lead Judge James Worth, Judge Eric Jeschke, Judge Frances Ippolito, Judge Nina Medlock, and Acting IT Branch Chief Joy Weber will discuss:

• A new tool to aid in preparing an appeal brief
• General information about appealing examiner rejections to the PTAB
• PTAB rules and procedures for appeal briefs
• Common appellant mistakes

There will be a Q&A session at the end. Please send questions in advance or during the webinar to PTABBoardsideChat@uspto.gov.

Register in advance. The webinar is free and open to all. Captioning service will be provided.

More information is available on the PTAB Boardside Chat page of the USPTO website.

Tomorrow, April 22: PTAB webinar about remote hearings

Join the next Boardside Chat webinar tomorrow, Thursday, April 22, from noon to 1 p.m. ET, for a discussion about remote hearings.

Chief Clerk Erica Swift will address procedural and technical aspects of video and telephonic hearings before the Patent Trial and Appeal Board (PTAB). Lead judges Georgianna Braden and Jessica Kaiser, Deputy Chief Clerk Kulunie Cannon, and PTAB practitioners David McCombs (Haynes and Boone, LLP) and Pauline Pelletier (Sterne, Kessler, Goldstein & Fox P.L.L.C.) will provide their perspectives and recommendations for presenting effective oral arguments in remote hearings.

There will be a Q&A session at the end of the presentation. Please send questions in advance or during the webinar to PTABBoardsideChat@uspto.gov.

Register in advance. The webinar is free and open to all.

More information is available on the PTAB Boardside Chat page of the USPTO website.

Boardside Chat: PTAB webinar about remote hearings

Join the next Boardside Chat webinar on Thursday, April 22, from noon to 1 p.m. ET, for a discussion about remote hearings.

Chief Clerk Erica Swift will address procedural and technical aspects of video and telephonic hearings before the Patent Trial and Appeal Board (PTAB). Lead judges Georgianna Braden and Jessica Kaiser, Deputy Chief Clerk Kulunie Cannon, and PTAB practitioners David McCombs (Haynes and Boone, LLP) and Pauline Pelletier (Sterne, Kessler, Goldstein & Fox P.L.L.C.) will provide their perspectives and recommendations for presenting effective oral arguments in remote hearings.

There will be a Q&A session at the end of the presentation. Please send questions in advance or during the webinar to PTABBoardsideChat@uspto.gov.

Register in advance. The webinar is free and open to all.

More information is available on the PTAB Boardside Chat page of the USPTO website.

Coming soon: PTAB webinar about AIA motions practice

Join the next Boardside Chat webinar on Thursday, March 18, from noon to 1 p.m. ET, for a discussion about America Invents Act (AIA) motions practice. 

Judges Erica Franklin and Eric Jeschke will present an overview of requirements for AIA motions in general and a review of certain types of motions. 

The webinar is free and open to all. There will be a Q&A session at the end. Please send questions in advance or during the webinar to PTABBoardsideChat@uspto.gov.

More information, including the webinar access information, is available on the PTAB Boardside Chat page of the USPTO website.

PTAB’s “Fast-Track” pilot still available for pending ex parte appeals

On July 2, 2020, the United States Patent and Trademark Office (USPTO) launched the first-ever “Fast-Track Appeals Pilot Program” to offer patent appellants a way to secure expedited resolution of an ex parte appeal. Upon launch, the Patent Trial and Appeal Board (PTAB) set a six-month goal for deciding an appeal in the Pilot Program, which is roughly twice as fast as the average appeal time for cases not under fast-track review.

Since the Pilot Program’s July launch through January 31, 2021, the PTAB has granted 111 petitions. Moreover, the PTAB has issued decisions for 78 of the 111 petitions, resolving an appeal on average in about two months from the date the petition for fast-track review was granted and beating its initial six-month goal.

The Pilot Program is set to conclude on July 2, 2021 with an option to renew. To participate, an appellant must submit a petition, complete a brief form available on the PTAB’s webpage, and pay a modest fee. The program is available for all pending ex parte appeals.

For additional information on the Fast-Track Appeals Pilot Program, see the USPTO’s Federal Register Notice and the PTAB’s webpage on the USPTO website.

This Thursday: PTAB webinar about recent developments for AIA trials

Join the next Boardside Chat webinar on Thursday, January 28, from noon to 1 p.m. ET, for a discussion about recent developments for American Invents Act (AIA) trials. 

Patent Trial and Appeal Board (PTAB) judges will cover:

1. Final rules related to institution of trials, including elimination of the presumption at institution that a genuine issue of material fact is viewed in the light most favorable to the petitioner;
2. Final rules concerning the burdens of persuasion in motions to amend;
3. New precedential decisions related to the application of the Fintiv factors and the need to conduct a real-party-in-interest analysis at institution; and
4. The indefiniteness standard to be applied by the Board in AIA trials. 

Deputy Chief Judge Jackie Bonilla, Vice Chief Judge Mike Tierney, and Lead Judge Kal Deshpande will present.

The webinar is free and open to all. There will be a Q&A session at the end. Please send questions in advance or during the webinar to PTABBoardsideChat@uspto.gov.

More information, including the webinar access information, is available on the PTAB Boardside Chat page of the USPTO website.

Federa Register -- Rules of Practice to Allocate the Burden of Persuasion

Federal Register
Vol. 85, No. 245
Monday, December 21, 2020

Patent and Trademark Office

RULES

Rules of Practice to Allocate the Burden of Persuasion on Motions to Amend in Trial Proceedings Before the Patent Trial and Appeal Board,

82923–82936 [2020–28159]                                                                                                    [TEXT]  [PDF]

Federal Register

Federal Register
Vol. 85, No. 223
Wednesday, November 18, 2020

PROPOSED RULES 

Request for Comments:

Discretion to Institute Trials Before the Patent Trial and Appeal Board,

73437–73438 [2020–25490]              [TEXT]  [PDF]

USPTO announces Fast-Track Appeals Pilot Program

The United States Patent and Trademark Office (USPTO) today announced plans for the Patent Trial and Appeal Board (PTAB) to begin accepting petitions for expedited resolution of ex parte appeals. The “Fast-Track Appeals Pilot Program” launches July 2, 2020. The required petition fee is $400. 

"The Fast-Track Appeals Pilot Program serves as an extension of the Track One prioritized examination program, which has proven to be very popular with our nation’s innovators,” said Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTO. “For the first time in USPTO history, applicants will be able to speed up both patent examination and ex parte appeals, thus obtaining decisions on their most important inventions in about half the time of a typical application."

The USPTO expects that the average ex parte appeal reviewed under the Fast-Track Appeals Pilot Program will be decided within six months from the date a petition is granted. “We have made great strides in recent years reducing our appeal pendency from a high of about 30 months on average in 2015 to a current average of about 14 months,” said Scott Boalick, Chief Judge for the Patent Trial and Appeal Board. “I am thrilled that the PTAB will now be able to offer an even faster track for applicants who need it, allowing inventors and businesses to commercialize their patentable inventions sooner.”

Petition grants for fast-track review of ex parte appeals will initially be limited to a maximum of 500 per fiscal year, or 125 per quarter, for the program’s duration. In order to keep appeals on schedule, oral hearings under the program will be expedited and, once scheduled, will not be rescheduled or relocated.

For additional information on the Fast-Track Appeals Pilot Program, see the USPTO’s Federal Register Notice and the PTAB’s webpage on the USPTO website.

Federal Register: Notice of renewal of information collection; request for comment.

[Federal Register Volume 85, Number 76 (Monday, April 20, 2020)]
[Notices]
[Pages 21838-21840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08344]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Patent and Trademark Office


Patent Trial and Appeal Board (PTAB) Appeals

ACTION: Notice of renewal of information collection; request for 
comment.

[TEXT] 

USPTO announces extension of certain patent and trademark-related timing deadlines under the Coronavirus Aid, Relief, and Economic Security Act

The United States Patent and Trademark Office (USPTO) today (March 31, 2020) 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. 

"Inventors and entrepreneurs are the lifeblood of our economy, and we recognize that many of them are having difficulty as a result of COVID-19," said Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office Andrei Iancu. "As a result, we are working to provide as much relief as possible to our stakeholders, consistent with our ability to maintain the USPTO’s fee-funded operations. We are especially mindful of the outsized impact on small businesses and independent inventors, and we have provided additional relief for these groups. Ultimately, our goal is to ensure not only that inventors and entrepreneurs can weather the storm, but that they can also hit the ground running once it passes." 

The USPTO has made operational adjustments to keep its employees and the public safe as it remains open for business. In-person meetings, such as hearings and examiner interviews, are being conducted virtually by phone and video until further notice.

Read more details in the official Patent and Trademark notices on our website. The USPTO will continue to evaluate the evolving situation around COVID-19 and its impacts on the USPTO’s operations and stakeholders. 

Patent-related inquiries concerning this notice may be directed by email to Covid19PatentsRelief@uspto.gov and by telephone to the Office of Patent Legal Administration at (571) 272-7704 or (571) 272-7703 for reexamination.

PTAB-related inquiries concerning this notice may be directed to (571) 272-9797 or by email at Trials@uspto.gov (for AIA trials), PTAB_Appeals_Suggestions@uspto.gov (for PTAB appeals) or InterferenceTrialSection@uspto.gov (for interferences).   

Trademark-related inquiries concerning this notice may be directed to the Trademark Office of Petitions by telephone at (571) 272-8950 or by email at TMPolicy@uspto.gov. 

TTAB-related inquiries concerning this notice may be directed to Cheryl Butler at (571) 272-4259 or Cheryl.Butler@uspto.gov or to Denise DelGizzi at (571) 272-4265 or Denise.DelGizzi@uspto.gov.

USPTO update on in-person meetings

Until further notice, examiner and examining attorney interviews, Patent Trial and Appeal Board (PTAB) and Trademark Trial and Appeal Board (TTAB) oral hearings, and other similar in-person meetings with parties and stakeholders scheduled to take place at USPTO offices on or after Friday, March 13, 2020 will be conducted remotely by video or telephone. Parties will receive further instructions on how to participate by video or telephone in advance of the interview, hearing, or meeting.

If you have any questions, please contact the following:

• For patent examiner interviews, please contact the examiner or the examiner’s supervisor (SPE) directly. Additionally, if you have any questions about telephonic or video interviews in general or are unable to reach the examiner or SPE with respect to a particular interview, please email: ExaminerInterviewPractice@uspto.gov
• For trademark examining attorney interviews, please contact the managing attorney.
• For PTAB oral hearings, please contact PTABHearings@uspto.gov or call 571-272-9797.
• For TTAB oral hearings, please contact TTABHearings@uspto.gov or call 571-272-8500.
• For other in-person meetings, please contact your USPTO point of contact for that meeting.

Webinar for those new to AIA trials

Are you new to AIA trials and want to learn the basics? Attend our Boardside Chat webinar on Thursday, November 21 from noon to 1 p.m. ET. Lead Judge James Worth and Judge Alyssa Finamore will walk through the AIA trial process and explain each step in detail.

The webinar is free and open to all. There will be a Q&A session with the judges at the end of the presentation, so please send questions in advance or during the webinar to PTABBoardsideChat@uspto.gov.

More information, including the webinar access information, is available on the PTAB Boardside Chat page of the USPTO website.

Patent Trial and Appeal Board

Webinar for those new to ex parte appeals

 

New to ex parte appeals or want to learn more about them? Please join the Patent Trial and Appeal Board for a Boardside Chat webinar on Thursday, November 7 from noon to 1 p.m. ET. Lead Judge James Worth and Judge Alyssa Finamore will explain the ex parte appeal process, tips for filing your appeal brief, and how to make effective arguments before the Board. 

The webinar is free and open to all. There will be a Q&A session at the end of the presentation, so please send questions in advance or during the webinar to PTABBoardsideChat@uspto.gov.

More information, including the webinar access information, is available on the PTAB Boardside Chat page of the USPTO website.

Attend live hearings at the PTAB/TTAB Stadium Tour In Chicago

A live PTAB and TTAB proceedings on Thursday, October 3 at the Northwestern Pritzker School of Law in Chicago. Opening remarks start at 10 a.m. CT. This event will include a trademark opposition hearing, an AIA trial hearing, and an educational session where Board judges will share tips for successful advocacy before the TTAB and PTAB.

This program is for patent and trademark attorneys who appear in front of the PTAB and/or TTAB as well as those who want to learn about practice before these administrative tribunals. This program is free and open to the public. Continuing Legal Education (CLE) credits will be offered.

Get detailed information on the event page to view the program location, program agenda, and law school venue. 

PTAB “Boardside Chat” Webinar

The next USPTO "Boardside Chat" will be on Thursday, August 22, 2019, from 12 noon to 1 pm Eastern Time. The topic will be about hearings, including both appeal and AIA hearings.

To connect to the chat, please visit: PTAB Boardside Chat Webinar