PTAB/USPTO Update - September 2023

PTAB/USPTO Update - September 2023

Client Alert



  • On August 31, 2023, the Patent Trial and Appeal Board published its updated Oral Hearing Guide. Changes reflected in the update include the addition of an all-virtual hearing option for AIA trials, updated information on how the public may request to view a PTAB hearing, clarification of procedures for submitting demonstratives for ex parte appeals hearings, and clarification on how parties may request pro hac vice admission.

  • On August 10, 2023, the USPTO announced that official “Welcome Letters” will be sent to patent applicants and trademark applicants with filing receipts in newly filed applications. The letters are meant to help applicants more quickly and easily navigate the patent and trademark application process and to connect them with relevant resources. 

  • On August 17, 2023, the USPTO announced the renaming of its Edison Visiting Scholars Program after Dr. Marian Rogers Croak. Dr. Croak was chosen based on results from an internal USPTO poll that solicited ideas from employees on innovators who have embodied the spirit of innovation and the diversity, equity, inclusion, and accessibility principles at the center of the USPTO’s strategic plan.

Notices, Guidance, and Requests

Final Rules

  • There are no new final rules.

Interim Rules

  • There are no new interim rules.

Proposed Rules

  • There are no new proposed rules.

Proposed Legislation

  • There is new and relevant proposed legislation.

PTAB Decisions

  • New Precedential PTAB Decisions

    • There are no new precedential PTAB decisions.

  • New Informative PTAB Decisions

    • There are no new informative PTAB decisions.

  • Director Review Decisions

  • Vector Flow, Inc. v. HID Global Corp., (IPR2023-00353), (Director vacating the decision denying institution, and remanding for further proceedings to allow petitioner to file a reply and patent owner to file a sur-reply addressing the status change of the parallel district court proceeding)

  • Keysight Technologies, Inc. v. Centripetal Networks, Inc., (IPR2022-01421), (Director vacating the decision discretionarily denying institution and remanding for further proceedings because the petitioner’s arguments and cited evidence establish that the Office erred in a manner material to patentability)

New Requests for POP Review

  • There are no noteworthy POP Review Requests from August 2023.


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