USPTO’s Revised SOP Sheds Light on Selection of PTAB Panels, PTAB Litigation Blog

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The USPTO has revised its standard operating procedure (SOP) governing the assignment of judges to panels in Patent Trial and Appeal Board (PTAB) cases. The SOP, available here, provides guidance to Board administrative personnel for assigning panels of at least three administrative patent judges to ex parte appeals, reexamination appeals, reissue appeals, interferences, and AIA proceedings. Among other things, the SOP details processes and considerations for initial panel assignments and provides reasons for why a panel may be changed or expanded. Key provisions of the SOP are summarized below.

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