/>iThe US Patent and Trademark Office (USPTO) has announced that, effective September 1, all PTAB hearings will be conducted in person at USPTO offices, marking a departure from the virtual and hybrid formats adopted in recent years.
Key Provisions
- In-Person Attendance Mandate: All parties involved in PTAB proceedings will be required to appear in person for hearings.
- Virtual participation will be permitted only upon a showing of good cause, such as financial hardship, medical emergencies, or comparable obstacles to in-person attendance.
- Individualized Good Cause Determinations: Approval for virtual attendance will be considered on a case-by-case basis.
- The granting of virtual participation to one party does not automatically extend to other parties in the same proceeding.
- Hearing Locations: Hearings will be held at USPTO offices.
- Parties may request a specific office location, and the PTAB will attempt to accommodate such requests where feasible.
- Public Access: Members of the public will continue to have the option to attend PTAB hearings remotely.
- Request Procedures: Requests for virtual participation or to attend a hearing (either virtually or in person) must be submitted at least three business days prior to the scheduled hearing.
Practical Implications
Parties appearing before the PTAB should prepare for a return to in-person hearings. Requests for virtual participation should be reserved for exceptional circumstances and must be supported by a clear showing of good cause. The opportunity for members of the public to attend hearings remotely is limited to providing transparency and public oversight of PTAB proceedings.
