PTAB Releases Revision to Operating Procedures for Cases Remanded from Federal Circuit

On November 16, 2017, the Patent Trial and Appeal Board (PTAB) revised its Standard Operating Procedures 9 (SOP9) involving cases remanded for further review from the Federal Circuit. These standard operating procedures are administrative rules governing cases as they wind their way through the appeal or trial processes before the Board, and are designed to effect efficiency and consistency between the administrative functions of cases.

Highlights of the 17-page SOP9 include:

• PTAB will internally render a decision within 6 months of a Federal Circuit remand.
• Meetings between PTAB panel of judges and the Chief Administrative Patent Judge, Deputy Chief Administrative Patent Judge and/or any Vice Chief Judge so designated, will convene to discuss issues presented in the remanded case prior to a decision being made.
• Default procedures for both trials and appeals are explicitly written detailing additional briefing schedules, evidentiary support or oral hearings required, or if prosecution will be reopened in that particular case.

The new SOP9 takes effect immediately.