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ARTICLE · 21 SEPTEMBER 2018

PTO Director To Drive PTAB Precedent Going Forward

Ropes & Gray LLP
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The POP itself will include the Director, the Commissioner for Patents, and the Chief Judge of the PTAB.

United StatesIntellectual Property
Scott A. McKeown
Scott A. McKeown
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New SOPs Demystify Internal Practices & Consolidate PTAB Policy Control to Director

The PTAB has substantially revised its Standard Operating Procedures ("SOPs") regarding paneling of matters before the PTAB (SOP1) and precedential and informative decisions (SOP2).

SOP1 largely explains existing internal processes relating to assignment/reassignment of judges in the interests of increasing transparency, predictability, and reliability across the USPTO. More specifically, revised SOP1 explains the procedures for panel assignment and for informing parties regarding panel changes. It also explains the process for designating panels with more than three judges, and notes that such panels should be rare and will only occur with the approval of the Director.(here)

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