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ARTICLE · 04 JUNE 2024

USPTO Proposes Expanding Opportunities For Non-Registered Practitioners

Jones Day
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The PTO has issued a Notice of Proposed Rulemaking regarding who may represent parties in PTAB post-grant trials. The proposal is part of the USPTO's wider initiative to expand access to practice before the Office.

United StatesIntellectual Property
Zachary Marshall-Carter
Zachary Marshall-Carter
Daniel C. Sloan
Daniel C. Sloan
Matthew Johnson
Matthew Johnson
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The PTO has issued a Notice of Proposed Rulemaking regarding who may represent parties in PTAB post-grant trials. The proposal is part of the USPTO's wider initiative to expand access to practice before the Office. Specifically, the proposed rule changes address, in part, comments received from the USPTO's October 2022 request for comments on ways to expand opportunities for non-registered practitioners ("NRP") (Fed. Reg. 63047). The proposed changes cover good cause exemptions to the PTAB's back-up counsel requirements, pro hac vice ("PHV") admission for NRPs, and new duty of notice requirements for PHV NRPs.

The regulation currently requires a party represented by counsel to designate lead counsel and at least one back-up counsel who can conduct business on behalf of lead counsel. 37 C.F.R. § 42.10. The proposal permits the PTAB to exempt a party demonstrating good cause from designating back-up counsel as long as lead counsel is a registered practitioner. As

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