Posts Tagged: "Precedential Decision Nomination Form"

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

In late September, Bloomberg News reported that Scott Boalick, Chief Administrative Patent Judge (APJ) at the Patent Trial and Appeal Board (PTAB), announced the introduction of a new form allowing members of the public the ability to nominate certain PTAB decisions for precedential status. The form, available on the U.S. Patent and Trademark Office’s website, asks those endorsing decisions to choose whether precedential or informative status should be conferred and to provide some brief reasons for the nomination. As Bloomberg’s coverage suggests, the anonymous nature of the process could encourage nominations from practitioners representing both patent owners and petitioners at the PTAB who may be concerned about how some clients may view their nominations. Such client overlap is a common feature at the PTAB, where many of the most active law firms representing patent owners are also atop the list of most active petitioners’ counsel.