USPTO Introduces Online Form to Nominate PTAB Decisions as Precedential or Informative

On September 24, 2020, the Patent Trial and Appeal Board announced a new online form that allows members of the public to anonymously nominate any routine decision of the Board for designation as precedential or informative.  Every opinion is, by default, a routine opinion and has no binding authority on the Board until it is designated otherwise.

The form, available on the U.S. Patent and Trademark Office’s website, requires a case name and number, paper number, and a brief explanation for nominating the decision as precedential or informative.  The form also includes optional fields for name and email address.

The PTAB considers precedential decisions to be those establishing binding authority concerning major policy or procedural issues, including constitutional questions and issues regarding statutes, rules, regulations, and case law.  An informative decision, on the other hand, provides Board norms on recurring issues, guidance on issues of first impression, and guidance on Board rules and practice.  A Precedential Opinion Panel (“POP”), consisting of the Director, the Commissioner for Patents, and the Chief Judge, operate to decide these issues of exceptional importance.

Before the online form was implemented, an individual had to make a request in writing within 60 days of issuance of an opinion to the Chief Judge.  The Chief Judge had to respond in writing to confirm receipt of the request.  The new online form should streamline the process for nominating a decision as precedential or informative and encourage members of the public to make such a nomination.

For a complete list of precedential and informative decisions, the USPTO provides a link of decisions organized by subject matter.