Analysis

PTAB Remand Guidance To Create Smoother, Clearer Process

By Ryan Davis (December 1, 2017, 1:30 PM EST) -- New guidelines from the Patent Trial and Appeal Board about how it will handle remands from the Federal Circuit, which include the involvement of top board judges in each case, will help streamline the remand process and make it more predictable, attorneys say.

The Federal Circuit has remanded a few dozen America Invents Act review cases to the board after finding fault with its conclusions or reasoning. Until recently, parties had no way of knowing what to expect when a case returned to the board, but that changed with guidance issued last month.

The board's new standard operating procedure sets a...

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