PTAB Precedential Decision Nomination Form Could Lead to More Controversial Decision-Making Outside of Informal Rulemaking

In September, the Patent Trial and Appeal Board (PTAB) introduced a new form, which would allow the public to anonymously nominate PTAB decisions for precedential status. The previous process required individuals to submit a written request to the Chief Administrative Patent Judge within 60 days of the final written decision being issued to have the decision considered for precedential status. IP Watchdog interviewed Finnegan partner and leader of the firm’s PTAB Trials Section, Josh Goldberg, for his thoughts on the new form.

Josh said, “Practitioners and stakeholders may disagree as to whether particular precedential or informative decisions are good or bad, but the USPTO’s new form removes barriers that previously prevented some from communicating with the USPTO about such decisions.”

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