PTAB Allows Input on POP Review Requests Using Online Form

by | Nov 19, 2020 | PTAB News, Request for Reconsideration

By Matt Johnson –

The PTAB has added an online form to the USPTO website that allows the submission of an amicus request addressing a pending request for Precedential Opinion Panel (POP) review.  This form will enable interested parties to provide fast input on whether a request for POP review should be granted or denied.

The submission form allows individuals to submit an amicus request supporting or opposing a pending request for POP review in a particular case. Individuals must provide certain information about themselves and the case in which the POP request has been made, explain why they support or oppose the POP request (e.g., the decision is/is not contrary to Supreme Court, Federal Circuit, or Board precedent), and certify that the form is being submitted within seven business days of entry of the Notification of Receipt of POP Request into the case docket or patent application file. This information will be entered into the record of the case or patent application.

A submission must include the name of the submitter, any affiliation, and any client represented, and can explain why the POP request should or should not be granted. All submissions must be made within seven business days of entry of the Notification of Receipt of POP Request into the case docket or patent application file. Access the online form on the PTAB’s Precedential Opinion Panel page of the USPTO website.

Below is a screenshot of the POP Amicus Form.

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Matthew Johnson

Partner at Jones Day
Matt Johnson is one of the Firm's primary contacts on practice before the PTAB. Currently co-chairing the Firm's PTAB subpractice and involved in proceedings at the Board since the first day of their availability in September 2012, Matt regularly represents clients as both petitioners and patent owners at the Board. He further works as an advocate for clients in appeals from Board proceedings at the Federal Circuit.