How 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:

1. Filing a request for oral argument, which must be done in a separate paper
2. Demonstrating why oral argument is necessary to resolve issues raised in a paper
3. Waiting for the Board to grant or deny the request
4. If granted, preparing for the oral argument according to the Board’s instructions
5. Participating in the oral argument, which may be conducted in-person or via video conference

It’s important to note that the Board has discretion in granting requests for oral arguments. Parties should clearly explain why oral arguments would be beneficial in resolving the issues at hand. The Board may also sua sponte (on its own motion) order oral arguments if it believes they would be helpful in deciding the case.

To learn more:

• PTAB
• Patent Trial and Appeal Board
• oral arguments
• trial proceedings