The Patent Trial and Appeal Board (“PTAB”) has recently made public a revised PTAB Oral Hearing Guide (August 2023), incorporating updates to the preceding guidance on hearings. The modifications featured in the revised guide touch upon several key aspects:
- Remote participation in PTAB Proceedings;
- Public requests to view PTAB Hearings;
- Submitting demonstratives for ex parte and reexamination proceedings; and
- Pro hac vice admission for reexaminations and ex parte proceedings.
The first modification, concerning remote participation in PTAB Proceedings, is particularly relevant in the current workplace environment increasingly characterized by the use of digital tools. As working-from-home trends and remote practices continue to evolve, it’s pivotal for legal processes such as PTAB Proceedings to incorporate remote participation provisions.
The second update relates to the general public’s access to PTAB hearings. It highlights the PTAB’s commitment to maintaining transparency by allowing requests from the public to view these court proceedings.
The third update proposes a change in the protocol for submitting demonstratives for ex parte and reexamination proceedings. Ex parte and reexamination proceedings are complex affairs, and the use of demonstratives can significantly aid the argument process by breaking down complex data into an understandable format.
The final revision applies to the pro hac vice admission for reexaminations and ex parte proceedings. Pro hac vice is a legal term for a practice allowing lawyers who have not been admitted to the bar in a certain jurisdiction to participate in a particular case.
This guide serves as a valuable resource for legal professionals striving to stay current with evolving courtroom procedures. As seen with these recent updates, PTAB continues to adapt its procedures to meet the changing needs of the legal landscape.
For further information on the updated PTAB Oral Hearing Guide (August 2023), refer to the original publication by Jones Day on JDSupra.