PTAB/USPTO Update - November 2024

USPTO Leadership

• On October 21, the USPTO announced the appointment of Nancy U. Kamei as Chief Public Engagement Officer and Director of the Office of Public Engagement (OPE).

USPTO News  

• On October 23, the USPTO and the National Treasury Employees Union (NTEU) Chapter 245 announced the signing of a new collective bargaining agreement (CBA). The CBA, which was last updated in 2001, carries a five-year term with rollover provisions.

• To mark the Intellectual Property (IP) Month in October, the USPTO rolled out expanded inventor and entrepreneur resources, including an expansion to the IP identifier tool and a new Startup Certification Training Course.

Final Rules

• Expanding Opportunities to Appear Before the Patent Trial and Appeal Board, 89 Fed. Reg. 82172 (Oct. 10, 2024) [modifying the rules regarding representation by counsel at the PTAB in AIA proceedings to: permit parties to proceed without back-up counsel upon showing of good cause; establish a streamlined alternative procedure for recognizing counsel pro hac vice; 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]

  • In a press release, the USPTO noted that it is not proceeding at this time with a final rule that would permit non-registered attorneys to appear as lead counsel. It instead intends to pursue a pilot project under which non-registered attorneys who are recognized pro hac vice would be permitted, in certain circumstances, to appear as lead counsel.

Interim Rules

• There are no new interim rules.

Proposed Rules

• There are no new proposed rules.

PTAB Decisions

• New Precedential PTAB Decisions

  • There are no new precedential PTAB decisions.

• New Informative PTAB Decisions 

  • There are no new informative PTAB decisions.

• New Director Review Decisions 

  • There are no new director review decisions.