Resources and guidance

Policies, procedures, rules, guides, tools, and manuals related to proceedings before the Patent Trial and Appeal Board. More recent information can be found on the latest developments page. A current list of precedential and informative decisions of the Board can be found on the Precedential and informative decisions webpage.

Appeals

Trials

Claim construction final rule

AIA trial proceedings

Notice regarding options for amendments through reissues or reexaminations

Trial Practice Guide

Consolidated trial practice guide November 2019

Trial practice guide July 2019 Update

Trial practice guide August 2018 Update

Trial practice guide (August 2012)

Reexams and interferences

Rules of inter partes reexamination

Appeals

Rules for contested cases

Rules for interferences

Standard operating procedures

SOP 1 (rev. 16): Assignment of judges to panels (June 12, 2024)

SOP 2 (rev. 11): Designation or de-designation of decisions as precedential or informative (July 24, 2023)

SOP 3 (rev. 2, formerly SOP9): Procedure for Decisions Remanded from the Federal Circuit for Further Proceedings (October 5, 2023)

SOP 4 (rev. 1): Procedure for Pre-Issuance Optional Decision Review and Post-Issuance Decision Review (October 5, 2023)

Internal operating procedures

Guidance Memorandum for the Ex Parte Appeals Process

IOP: Processing Procedures for Ex Parte Appeals

Processes and Guidance Memorandum

Interim Processes for PTAB Workload Management (March 26, 2025)

Guidance on USPTO’s recission of “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation” (March 24, 2025)

The Applicability of Existing Regulations as to Party and Practitioner Misconduct Related to the Use of Artificial Intelligence (February 6, 2024)

Guidance on Paneling of Cases (September 22, 2023)

Updated applicant admitted prior art (AAPA) memorandum (June 9, 2022)

Indefiniteness in AIA post-grant proceedings memorandum (January 6, 2021)

Applicant admitted prior art (AAPA) memorandum (August 18, 2020) (superseded by the Updated applicant admitted prior art (AAPA) memorandum issued on June 9, 2022)

Notice regarding options for amendments through reissues or reexaminations (April 19, 2019)

Consolidated trial practice guide November 2019

Trial practice guide July 2019 Update

Trial practice guide August 2018 Update

Trial practice guide (August 2012)

Statutes, rules, and references

Title 35 of the United States Code

37 CFR

Federal Rules of Evidence

Recent proposals, pilot programs, and final rules (presenting recent rules)

Manual of Patent Examining Procedure (MPEP)

USPTO Rules of Professional Conduct