2024 PTAB Year in Review: New Procedures and Potential Changes Impact AIA Trial Strategies

The Patent Trial and Appeal Board (PTAB) continued to evolve as a pivotal forum for challenging patents in 2024, with significant developments in discretionary denials, claim amendments, and post-decision options. This webinar provided a comprehensive overview of 2024’s most notable PTAB changes and their implications for practitioners, patent owners, and petitioners heading into 2025.

Brooks Kushman post-grant professionals Andrew Turner, John Rondini, Kyle Konz, Reza Roghani Esfahani, and Vikram Mandelia delved into the latest updates and strategic considerations. Key topics included:

• Recent rulemaking on discretionary denials, Director Review, motions to amend, and fees
• Potential changes under the new USPTO Director and the PREVAIL Act
• Insights into Administrative Patent Judge (APJ) research
• Post-decision options: Director Review versus rehearing
• Claim construction and amending claims before the PTAB
• Emerging issues in 35 U.S.C. § 112 and secondary considerations

Attendees gained actionable insights into these developments and practical strategies to maximize outcomes in the evolving PTAB landscape.