Take The LEAP – Maximizing Oral Arguments Before The PTAB

More than two years have passed since the United States Patent and Trademark Office (USPTO) created the Legal Experience and Advancement Program (LEAP) to develop the skill of practitioners in presenting oral arguments to the Patent Trial and Appeal Board (PTAB). LEAP, which is available in both ex parte and post-grant proceedings, provides additional argument time for a requesting party represented by a practitioner with three or fewer substantive oral arguments in any federal tribunal, including the PTAB. The practitioner must be offered a "meaningful and substantive opportunity to argue," but there are no other substantive requirements. Practitioners and parties should consider how LEAP can be utilized to their advantage. Foley & Lardner LLP has submitted a significant number of LEAP requests and was recently named a Leading Sponsor of LEAP by the USPTO.