PTAB Bar Association

PTAB Precedential/Informative/Routine Decision Nomination - PTAB Bar Association

Submit a request to nominate a PTAB decision as precedential or informative, or have a previously precedential or informative decision be de-designated.

Please provide your name, email address, and telephone number. If you wish to make an anonymous submission, you may leave this field blank.

To nominate a decision to be designated precedential or informative, or suggest a decision be de-designated please include the following information:

(i) an identification of the PTAB decision by case name, trial number, paper number, and date of the PTAB decision; *

(Word limit: 500)

(ii) a copy of the PTAB decision; *

(iii) the names of all parties, real parties-in-interest, attorneys of record for each party, and the attorneys’ law firms, as reflected in the most recent mandatory notices filed by each party; *

(Word limit: 1000)

(iv) the current designation of the PTAB decision (e.g., routine, informative); *
Choose 1

(v) the requested designation of the PTAB decision, or portion thereof, that the person wishes the Association to request (e.g., informative, precedential); *
Choose 1

(vi) a concise, neutral statement of the relevant issue or holding of the PTAB decision; *

(Word limit: 1000)

(vii) an explanation, with particularity, of the reasons for the requested designation, including why the request would satisfy the USPTO’s standards under SOP 2 for designating a decision as either precedential or informative;

(The relevant portions of SOP 2 (rev. 10), § III.A. are reproduced below.)

Precedential. “Nominated decisions may be considered for precedential designation for. . . example and among other things: constitutional questions; important issues regarding statutes, rules, and regulations; important issues regarding binding or precedential case law; or issues of broad applicability to the Board. The precedential designation may also be used to resolve conflicts between Board decisions and to promote certainty and consistency among Board decisions.”

Informative. “Nominated decisions may be considered for informative designation for reasons including, for example: (1) providing Board norms on recurring issues; (2) providing guidance on issues of first impression to the Board; (3) providing guidance on Board rules and practices; and (4) providing guidance on issues that may develop through analysis of recurring issues in many cases (e.g., factors to consider on institution decisions).”

(Word limit: 1000)

(viii) any other Board decisions of which the requester is aware that may be in conflict with the nominated decision. *

(Word limit: 1000)

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