USPTO Proposes Expanding Opportunities for Non Re

USPTO Proposes Expanding Opportunities for Non-Registered Practitioners, PTAB Litigation Blog

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The PTO has issued a Notice of Proposed Rulemaking regarding who may represent parties in PTAB post-grant trials.  The proposal is part of the USPTO’s wider initiative to expand access to practice before the Office.  Specifically, the proposed rule changes address, in part, comments received from the USPTO’s October 2022 request for comments on ways to expand opportunities for non-registered practitioners (“NRP”) (Fed. Reg. 63047).  The proposed changes cover good cause exemptions to the PTAB’s back-up counsel requirements, pro hac vice (“PHV”) admission for NRPs, and new duty of notice requirements for PHV NRPs.

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