AIPLA Comments on Rules Governing Pre-Issuance Internal Circulation and Review of Decisions Within PTAB

Arlington, VA. November 29, 2023 - The American Intellectual Property Law Association (AIPLA) submitted comments to the United States Patent and Trademark Office (“Office”) in response to the Notice of Proposed Rulemaking on “Rules Governing Pre-Issuance Internal Circulation and Review of Decisions Within the Patent Trial and Appeal Board.”

AIPLA commends the PTAB's efforts to ensure transparency in its internal review and implementation of new processes. The Association expresses concerns about transparency related to a specific section and corresponding PTAB SOP 4, which includes matters regarding the membership of the Circulation Judge Pool (“CJP”) and staggered terms and appointment to the CJP.

While recognizing the need for administrative patent judges to seek internal input without public scrutiny, AIPLA urges some degree of transparency, for example in the release of statistical information on how often a panel seeks input from PTAB management. This information would keep the public reasonably informed without hindering the decision-making process. AIPLA concludes by expressing gratitude for the opportunity to provide feedback and looks forward to ongoing dialogue with the Office on the issues discussed.

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