On October 10, 2023, the U.S. Patent and Trademark Office (USPTO) set forth a notice of proposed rulemaking, inviting the legal, corporate, and patent professional ecosystem to take notice. This announcement broaches on the introduction of novel rules administrating preissuance, internal circulation, and review of decisions delivered within the Patent Trial and Appeal Board (PTAB). These rules fall under the official gazette Title 88 of the Code of Federal Regulations, within the sections from 69578 to 69583.
The planned amendment in the rulebook has been seen as a move towards cultivating increased clarity and transparency with regard to the constitution of panels and the option for panels to solicit internal assessment of draft board determinations by peer professionals. This insight has been provided by Justin Krieger, an esteemed patent professional at Kilpatrick Townsend. The potential enactment of the proposed rules could significantly alter the dynamics within the patent trial procedures and governance, and certainly merits informed attention.
For a detailed understanding of the USPTO’s proposed rule-making and its implications, it would be advantageous to read the analysis by Justin Krieger on Law360.