The Patent Trial and Appeal Board issued Revision 17 of Standard Operating Procedure 1 on July 20, 2026, effective immediately. SOP 1 governs how Administrative Patent Judges and other statutory Board members are assigned to panels in ex parte appeals, reexamination appeals, and America Invents Act proceedings. The revision streamlines assignment procedures, confirms that ordinary panels generally consist of three members, and reiterates that panel selection must remain impartial rather than outcome-driven.
The updated framework directs the Board to weigh subject-matter jurisdiction, technical expertise, conflicts, workload, statutory deadlines, and judicial availability when assigning cases. It also favors concentrating related AIA matters involving the same patent or closely connected subject matter among a smaller group of judges where practical. For parties in IPR, PGR, and related proceedings, the change does not create a new procedural entitlement, but it may affect scheduling, panel continuity, and the handling of related cases. Practitioners should monitor panel-identification and reassignment orders without treating membership changes as a signal of the likely result.
