PTO Promotes Judicial Independence in Final PTAB Rule, PTAB Litigation Blog
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On June 12, 2024, the USPTO issued a final rule governing the pre-issuance circulation and review of decisions within the PTAB. This formalized current USPTO procedures within the Standard Operating Procedure (SOP4) adopted on October 5, 2023. Now, future attempts by the Office to establish additional procedures governing pre-issuance circulation and review of decisions may not involve participation (either directly or indirectly) by a PTAB Management Judge, officer, or employee external to the Board.
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