PTAB Issues Revised SOP

The Patent Trial and Appeal Board has substantially revised its Standard Operating Procedures (“SOPs”) regarding paneling of matters before the PTAB (SOP1). The revisions focus upon increasing transparency, predictability, and reliability across the USPTO, and these updated the procedures are based upon feedback received from stakeholders, courts, legislators, and the USPTO’s 6 years of experience with AIA trial proceedings.

Revised SOP1 explains the procedures for panel assignment and for informing parties regarding panel changes. It also explains the process for designating panels with more than three judges, and notes that such panels should be rare and will only occur with the approval of the Director.