September has brought some important updates from the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO). Their recently published Oral Hearing Guide on August 31, 2023, brings changes that could shift the way hearings are handled at this high-level litigation forum.
The notable advancement comes in the form of an all-virtual hearing option for America Invents Act (AIA) trials. Amidst the changing global climate and increasing reliance on virtual platforms, this update is a definitive step marking the adaptation of the PTAB to the current environment. Such a step will likely provide increased flexibility for legal professionals and parties involved in AIA trials.Read more about the recent PTAB/USPTO update here.
In addition to the all-virtual hearing option, the updated guide offers further useful information for the public and legal professionals. This includes revised procedures on how the public may request to view a PTAB hearing. By making PTAB hearings more accessible, this could potentially increase transparency and understanding of the hearings process.
Among the updates are also new clarified procedures for submitting demonstratives for ex parte appeals hearings, which are crucial to a party’s understandable explanation of its case and can serve to lead to a more efficient hearing. Furthermore, the updated guide also provides clarification on how parties may request pro hac vice admission, which will be beneficial for legal practitioners not licensed in the jurisdiction of the specific PTAB hearing.
Each of these updates signifies PTAB’s commitment to strengthen its operational efficiency and to improve the litigation processes for attorneys and the parties involved. Legal professionals working in corporations and law firms should take note of these changes as they could have significant implications for upcoming patent litigation cases.