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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Matt Johnson is one of the Firm's primary contacts on practice before the PTAB. Matt consults on nearly every one of Jones Day's over 290 PTAB cases to date. He currently serves as co-chair of Jones Day's PTAB practice.