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ARTICLE · 29 SEPTEMBER 2020

USPTO Introduces Online Form To Nominate PTAB Decisions As Precedential Or Informative

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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On September 24, 2020, the Patent Trial and Appeal Board announced a new online form that allows members of the public to anonymously nominate any routine decision of the Board...

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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On September 24, 2020, the Patent Trial and Appeal Board announced a new online form that allows members of the public to anonymously nominate any routine decision of the Board for designation as precedential or informative.  Every opinion is, by default, a routine opinion and has no binding authority on the Board until it is designated otherwise.

The form, available on the U.S. Patent and Trademark Office's website, requires a case name and number, paper number, and a brief explanation for nominating the decision as precedential or informative.  The form also includes optional fields for name and email address.

The PTAB considers precedential decisions to be those establishing binding authority concerning major policy or procedural issues, including constitutional questions and issues regarding statutes, rules, regulations, and case law.  An informative decision, on the other hand, provides Board norms on recurring issues, guidance on issues of first impression,

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