Enhancing Independence: New Rules for Communication in PTAB Panel Decisions Codify SOP4 | Fenwick & West LLP
The U.S. Patent & Trademark Office (PTO) has introduced new rules enhancing the independence of administrative patent judge (APJ) panels. The final rule, building on Standard Operating Procedure 4, prohibits senior PTO management and non-management APJs from discussing panel decisions with panel members unless they were part of the panel themselves. This change aims to uphold the integrity of panel decisions and prevent undue influence.
It’s important to note that the rules do not prevent a panel member from seeking input from non-panel senior APJs before a decision is issued. This distinction allows for valuable collaboration while safeguarding the decision-making process. By formalizing these procedures, the PTO is reinforcing the impartiality and objectivity of panel decisions, promoting a fair and transparent system.
