PTAB Rule Permits Solo Representation And Automatic Pro Hac Vice Admission

On October 10, 2024, the USPTO issued a final rule allowing parties to proceed without backup counsel in AIA proceedings and implementing an automatic admission process for pro hac vice attorneys. Full text of the final rule can be found here. The new regulations are intended to improve access to the PTAB and streamline existing processes. Expanding Opportunities to Appear Before the Patent Trial and Appeal Board, 89 Fed. Reg. 82172 (Oct. 10, 2024) (to be codified at 37 C.F.R. pt. 42).

Current regulations require parties to designate both lead counsel and at least one backup counsel for AIA proceedings. Id. at 82173. If backup counsel is not admitted to practice in front of the PTAB, the PTAB must grant a motion to appear pro hac vice. The motion must explain the attorney's compliance with several qualifications and requires an accompanying fee. Id.; see also Unified Patents, Inc. v. Parallel Iron, LLC, IPR2013-00639, Paper 7 (PTAB Oct. 15, 2013). The USPTO issued