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7 November 2024

PTAB/USPTO Update - November 2024

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WilmerHale

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WilmerHale provides legal representation across a comprehensive range of practice areas critical to the success of its clients. With a staunch commitment to public service, the firm is a leader in pro bono representation. WilmerHale is 1,000 lawyers strong with 12 offices in the United States, Europe and Asia.
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).
United States Intellectual Property

USPTO Leadership

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.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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