Patent Office Moves to Bolster Independence of Tribunal Panels

Senior leadership at the US Patent and Trademark Office wouldn’t be involved in any decision making by panels of patent judges at an administrative tribunal before orders are issued, under a proposed rule set to be published Friday.

The proposal would largely codify interim procedures in place since May 2022 governing circulation and review of decisions by administrative patent judges at the Patent Trial and Appeal Board, according to the notice. The PTAB hears challenges to patents’ validity and appeals of patent examiners’ actions.

The proposed rule would bar other PTO employees, including PTAB management, from being involved in panel ...