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ARTICLE · 08 OCTOBER 2024

PTO Promotes Judicial Independence In Final PTAB Rule

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On June 12, 2024, the USPTO issued a final rule governing the pre-issuance circulation and review of decisions within the PTAB. This formalized current USPTO procedures...

United StatesIntellectual Property
Lauren Kim
Lauren Kim
Matthew Johnson
Matthew Johnson
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On June 12, 2024, the USPTO issued a final rule governing the pre-issuance circulation and review of decisions within the PTAB. This formalized current USPTO procedures within the Standard Operating Procedure (SOP4) adopted on October 5, 2023. Now, future attempts by the Office to establish additional procedures governing pre-issuance circulation and review of decisions may not involve participation (either directly or indirectly) by a PTAB Management Judge, officer, or employee external to the Board.

This final rule prohibits certain involvement in panel decision-making. The panel also has sole discretion to adopt feedback it receives. Prior to issuance of a decision by the panel, the USPTO Director, Deputy Director, and Commissioners for Patents and Trademarks may not be involved (either directly or indirectly) in PTAB panel decision-making.

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