What are the rules for additional discovery in PTAB proceedings?

Additional discovery in Patent Trial and Appeal Board (PTAB) proceedings is limited and subject to specific rules. According to MPEP 1002.02(j):

“Requests for additional discovery. 37 CFR 41.150(c) and 42.51(b)(2).”

This means that the PTAB has the authority to decide on requests for additional discovery. The process typically involves:

1. Filing a motion requesting additional discovery
2. Demonstrating that the additional discovery is necessary in the interest of justice (for inter partes review) or good cause (for post-grant review)
3. Specifying the discovery sought with particularity
4. Explaining why the information sought cannot be obtained through other means

The PTAB generally applies a higher standard for granting additional discovery compared to district court litigation. Parties must show that the additional discovery is likely to uncover useful information that is not already available through routine discovery.

To learn more:

• PTAB
• Patent Trial and Appeal Board
• additional discovery
• inter partes review
• post-grant review