ARTICLE · 23 NOVEMBER 2022

The USPTO Wants More Attorneys Practicing Before The PTAB

Rothwell, Figg, Ernst & Manbeck, P.C.

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On October 18, 2022, the United States Patent and Trademark Office (USPTO) posted two notices on Regulations.gov seeking public input on the requirements to practice before the USPTO and Patent Trial and Appeal Board (PTAB).

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James Pawlowski

On October 18, 2022, the United States Patent and Trademark Office (USPTO) posted two notices on Regulations.gov seeking public input on the requirements to practice before the USPTO and Patent Trial and Appeal Board (PTAB). The goal is to expand admission criteria so "more Americans, including those from traditionally under-represented and under-resourced communities, can participate in Office practice."¹

The first notice, titled "Expanding Opportunities To Appear Before the Patent Trial and Appeal Board,"² requests public comments on four topics.

Request 1: Expanding Opportunities To Practice Before the PTAB by Allowing Non-Registered Practitioners To Be Admitted To Practice Before the PTAB. Currently, non-registered practitioners must be admitted pro hac vice in each AIA proceeding, such as Inter Partes Review (IPR) and Post Grant Review (PGR). The USPTO is now considering other procedures and standards for non-registered attorneys. The Notice suggests

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