What are the rules for pro hac vice representation in PTAB proceedings?

The Patent Trial and Appeal Board (PTAB) allows for pro hac vice representation in interference and trial proceedings under specific conditions. According to MPEP 1002.02(j):

“Requests for recognition of counsel pro hac vice in an interference or trial proceeding. 37 CFR 41.5(a) and 42.10(c).”

The process for obtaining pro hac vice representation typically involves:

1. Filing a motion for pro hac vice admission
2. Demonstrating good cause for the admission
3. Providing a statement of the person’s qualifications
4. Certifying that the individual is a member in good standing of the bar of the highest court of a State
5. Certifying that the individual is not suspended or disbarred from practice before the USPTO
6. Having a registered patent practitioner of record file the motion and serve as lead counsel

It’s important to note that pro hac vice admission is not automatic and is granted at the discretion of the Board. The Board considers factors such as the complexity of the proceedings, the applicant’s experience in post-grant proceedings, and the need for the particular expertise of the pro hac vice counsel.

To learn more:

• PTAB
• Patent Trial and Appeal Board
• pro hac vice
• legal representation
• trial proceedings