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DOC/PTO | RIN: 0651-AD75 | Publication ID: Fall 2024 |
Title: Expanding Opportunities to Appear Before the Patent Trial and Appeal Board | |
Abstract:
As part of its initiatives to expand access to practice before the U.S. Patent and Trademark Office (USPTO or Office), the USPTO amends the rules regarding admission to practice before the Patent Trial and Appeal Board (PTAB or Board) in proceedings under the Leahy-Smith America Invents Act (AIA proceedings) to give parties the option to designate non-registered practitioners who are recognized pro hac vice (i.e., granted recognition in a specific PTAB proceeding) as lead counsel; excuse parties from the requirement to designate back-up counsel upon a showing of good cause such as a lack of resources to hire two counsel; establish a streamlined alternative procedure for recognizing counsel pro hac vice that is available when counsel has previously been recognized pro hac vice in a different PTAB proceeding; and clarify that those recognized pro hac vice have a duty to inform the Board of subsequent events that render inaccurate or incomplete representations they made to obtain pro hac vice recognition. |
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Agency: Department of Commerce(DOC) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 37 CFR 42 | |
Legal Authority: 35 U.S.C. 2(b)(2) 35 U.S.C. 6 35 U.S.C. 21 35 U.S.C. 23 35 U.S.C. 41 35 U.S.C. 135 35 U.S.C. 311 to 312 35 U.S.C. 316 35 U.S.C. 321 to 326 Pub. L. 112-29 Pub. L. 112-274 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Michael Tierney Vice Chief Administrative Patent Judge Department of Commerce Patent and Trademark Office 600 Dulany Street, P.O. Box 1450, Alexandria, VA 22313-1450 Phone:571 272-9797 Fax:571 273-0053 Email: michael.tierney@uspto.gov |