PTAB’s Revised SOP 9 Provides Guidance on Remand Procedures
Topics of this article will be further discussed in a webcast hosted by the Knowledge Group, accessible here on 5 April 2018 (3:00 – 5:00 p.m. ET).
On 16 November 2017, the Patent Trial and Appeal Board (hereinafter, the Board) issued a revised Standard Operating Procedure 9 with two appendices (collectively, SOP 9) to provide guidance on the procedure for handling all decisions on cases remanded from the Court of Appeals for the Federal Circuit, including decisions resulting from inter partes review (IPR), post-grant review (PGR), and covered business method (CBM) review, as well as ex parte and reexamination appeals. SOP 9 does not create any legally enforceable rights, but is intended to create “internal norms for the administration of the Board to promote consistency” and provide “guidance to the parties, the public, and the Board regarding Board decisions remanded from the Federal Circuit.”