What are the procedures for filing a motion in a PTAB trial proceeding?

Filing a motion in a Patent Trial and Appeal Board (PTAB) trial proceeding involves specific procedures and authorizations. According to MPEP 1002.02(j):

“Authorizations to file a motion other than a petition requesting the institution of a trial. 37 CFR 41.121 and 42.20 – 42.25.”

This means that parties must generally obtain authorization from the PTAB before filing most types of motions. The process typically involves:

1. Requesting authorization from the Board to file a motion
2. If authorized, preparing and filing the motion according to PTAB rules
3. Adhering to any time limits or page restrictions set by the Board
4. Allowing the opposing party to file an opposition
5. Potentially filing a reply to the opposition, if permitted

Common types of motions in PTAB proceedings include motions to exclude evidence, motions for additional discovery, and motions to amend claims in inter partes review or post-grant review proceedings.

To learn more:

• PTAB
• Patent Trial and Appeal Board
• motions
• trial proceedings
• inter partes review
• post-grant review