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The PTAB, or Patent Trial and Appeal Board, has already developed in a short amount of time a large amount of specialized case practices. These specialized practices have to be adhered to, to successfully litigate patentability in the patent office in these proceedings. So when deciding on which counsel that you might wanna use for either defending against an AIA patent challenge or lodging or asserting an AIA patient challenge, you want to make sure that your counsel is very familiar with patent office practice. They should be very familiar with patent prosecution. And they should also be very able and willing to work in the zone of patent litigation in order to make best decisions for not only the patent office trial, but any ongoing or later filed patent litigation.
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Minneapolis patent attorney Tim Bianchi discusses what a company should look for when choosing an IP attorney for the PTAB proceedings.