A pilot program proposed by the U.S. Patent and Trademark Office
would have a single Administrative Patent Judge (APJ), as opposed
to a panel of three, decide whether to institute trial in a post
grant patent proceeding, such as an inter partes review.
The full panel would adjudicate the trial if it is instituted. The
pilot would last 3-6 months. The USPTO is requesting comments on
the proposed pilot program.
While this procedure, if permanently adopted, could reduce the
overall work-load on the APJs, it would reduce the resources
available for determining if trial is to be instituted. Combined
with proposed rules which allow the patent owner to present
testimonial evidence in the Patent Owner's Response, and thus
increase the volume and complexity of the record, this would seem
to place a great burden on a single APJ deciding whether to
institute trial. If adopted, more than ever, Petitioner's would
have to present a clear and concise rationale for instituting
