PTAB/USPTO Update - November 2024

By WilmerHale

Nov 5, 2024

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).

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.

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 recognizedpro hac vicehave a duty to inform the Board of subsequent events that render inaccurate or incomplete representations they made to obtainpro hac vicerecognition]
- 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 recognizedpro hac vicewould be permitted, in certain circumstances, to appear as lead counsel.

New Precedential PTAB Decisions
- There are no new precedential PTAB decisions.