counsel is not admitted to practice in front of the PTAB, the PTAB must grant a motion to appear pro hac vice. The motion must explain the attorney’s compliance with several qualifications and requires an accompanying fee. Id.; see alsoUnified Patents, Inc. v. Parallel Iron, LLC, IPR2013-00639, Paper 7 (PTAB Oct. 15, 2013). The USPTO issued a notice of proposed rulemaking (NPRM) on February 21, 2024, proposing various changes to PTAB procedures.The NPRM initially proposed several changes, notably including: (1) permitting a party to proceed without backup counsel upon showing good cause; (2) permitting automatic admission—without a fee—of a nonregistered practitioner previously admitted pro hac vice; and (3) permitting a nonregistered attorney to serve as lead counsel alongside registered backup counsel. Expanding Opportunities to Appear Before the Patent Trial and Appeal Board, 89 Fed. Reg. at 82174; see also Expanding Opportunities to Appear Before the Patent Trial and Appeal Board, 89 Fed. Reg. 13017 (Feb. 21, 2024) (NPRM). The USPTO proposed these changes to “expand access to practice before the [USPTO]” and “simplify and streamline the pro hac vice admission process and reduce litigation costs.” Expanding Opportunities to Appear Before the Patent Trial and Appeal Board, 89 Fed. Reg. at 82172–73.The recently issued final rule implements several provisions proposed in the NPRM and incorporates various amendments based on feedback received during the comment period. Id. at 82174.First, the final rule permits a party to proceed without backup counsel upon showing good cause. Id. at 82178. The USPTO explained “good cause may be present if a party demonstrates that it lacks the financial resources to retain both lead and back-up counsel.” Id. at 82174. More specifically, “the good cause inquiry focuses on the needs of the party seeking relief, not the needs or preference of counsel.” Id. The USPTO noted “a solo practitioner who prefers to work alone would not constitute good cause.” Id. Comments in s

Annual Meeting.USPTO NewsThe USPTO is seeking nominations for the 2024 National Medal of Technology and Innovation, which is the nation’s highest honor for technological achievement and is presented to recipients by the President of the United States. The deadline for nominations is May 3, 2024.On February 23, the USPTO announced plans to expand the number of Patent and Trademark Resource Centers (PTRCs) at Historically Black Colleges and Universities (HBCUs). PTRCs are part of a national network of public, state, and academic libraries designated by the USPTO to offer trademark and patent assistance to the public. Currently, four HBCU libraries have been designated as PTRCs. This month, Director Vidal issued letters to all HBCUs inviting each institution to consider becoming PTRCs to assist their local innovators.Final RulesThere are no new final rules.Interim RulesThere are no new interim rules.Proposed RulesExpanding Opportunities To Appear Before the Patent Trial and Appeal Board, 89 Fed. Reg. 13017 (Feb. 21, 2014) (written comments due by May 21, 2024) [proposing to amend the rules of practice in AIA proceedings to expand the participation of non-registered practitioners who are recognized pro hac vice]Motion To Amend Practice and Procedures in Trial Proceedings Under the America Invents Act Before the Patent Trial and Appeal Board, 89 Fed. Reg. 15531 (March 4, 2024) (written comments due by May 3, 2024) [proposing to amend the rules governing amendment practice in AIA proceedings to make permanent certain provisions of the Office’s motion to amend pilot program (MTA pilot program) and to revise the rules that allocate burdens of persuasion in connection with motions to amend (MTAs).]PTAB DecisionsNew Precedential PTAB DecisionsThere are no new precedential PTAB decisions.New Informative PTAB DecisionsThere are no new informative PTAB decisions.New Director Review DecisionsDK Crown Holdings Inc. v. Diogenes Limited, IPR2023-00268 Decision subject to Director Review – Paper 9 (August 11, 20

On February 21, 2024, the US Patent & Trademark Office (PTO) issued a Notice of Proposed Rulemaking that would give parties the option to designate a non-registered practitioner as lead counsel in proceedings before the Patent Trial & Appeal Board. 89 Fed. Reg. 13017 (Feb. 21, 2024) (to be codified at 37 C.F.R. pt. 42).37 CFR 42.10(a) currently requires each party to designate a lead counsel and at least one back-up counsel. The lead counsel must be a registered practitioner. Non-registered practitioners can serve as back-up counsel pro hac vice, but only upon a showing that they are an experienced litigating lawyer serving as back-up counsel and that they possess significant familiarity with the subject matter at issue. Permission for back-up status requires grant of a pro hac vice motion filed by counsel presenting specific statements of fact showing good cause for admission, as well as an affidavit or declaration by counsel attesting to good standing before the courts, familiarity with the PTO’s Patent Trial Practice Guide and the Board’s Rules of Practice for Trial set forth in part 42 of 37 C.F.R., and familiarity with the subject matter at issue.The proposed changes to 37 C.F.R. 42.10 would:Permit non-registered practitioners to serve as lead counsel for a