What information from related litigation or trial proceedings must be disclosed to the USPTO?
According to MPEP 2001.06(c), any material information arising from litigation or trial proceedings related to the subject matter for which a patent is being sought must be disclosed to the USPTO. This includes: Evidence of possible prior public use or sales Questions of inventorship Prior art Allegations of fraud, inequitable conduct, or violation of duty…
Read MoreHow should information from related litigation and trial proceedings be handled?
Information from related litigation and trial proceedings, including those conducted by the Patent Trial and Appeal Board (PTAB), must be disclosed if it is material to pending related patent applications. The MPEP states: “Where the subject matter for which a patent is being sought is or has been involved in litigation and/or a trial proceeding,…
Read MoreWhat are the rules for sealing documents in PTAB proceedings?
The Patent Trial and Appeal Board (PTAB) has specific rules for sealing documents in trial proceedings to protect confidential information. According to MPEP 1002.02(j): “Motions to seal a document or thing in a trial proceeding. 37 CFR 42.14, 42.54, and 42.55.” The process for sealing documents typically involves: Filing a motion to seal, which must…
Read MoreWhat 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: Filing…
Read MoreHow does the PTAB handle requests for oral arguments?
The Patent Trial and Appeal Board (PTAB) has specific procedures for handling requests for oral arguments in trial proceedings. According to MPEP 1002.02(j): “Requests for oral argument on an issue raised in a paper. 37 CFR 41.124(a) and 42.70.” The process for requesting and conducting oral arguments typically involves: Filing a request for oral argument,…
Read MoreWhat 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…
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