The PTAB has recently announced a new program, effective May 15, 2020, aimed at improving oral advocacy before the Board - the Legal Experience and Advancement Program (LEAP)

According the USPTO’s website:

The USPTO is committed to fostering a strong and vital patent system. It is important that advocates have the proper skills and experience to support stakeholders and effectively represent their interests. To that end, the USPTO sees value in providing opportunities for the advocates to gain experience in proceedings before the Patent Trial and Appeal Board (PTAB) through our Legal Experience and Advancement Program (LEAP).

LEAP is designed to encourage the professional development of patent attorneys and agents appearing before the PTAB through increased opportunities for oral advocacy. Accordingly, the PTAB will grant up to 15 minutes additional argument time to parties that choose to participate in LEAP, depending on the length of the proceeding and the PTAB’s hearing schedule.

A relative minority of ex parte appeals before the PTAB utilize oral arguments. However, this program may make the idea of oral arguments slightly more attractive as for certain cases, the additional time might be very valuable.

The program allows for the “LEAP practitioner” to conduct the entire oral argument or just a portion of it by sharing time with other counsel, “provided that the LEAP practitioner is offered a meaningful and substantive opportunity to argue.” In this way, in cases with multiple issues, counsel can share the hearing duties and obtain extra time to cover a wider range of issues. The USPTO gives the following example:

For example, a LEAP practitioner might present the party’s entire argument or might argue a more limited issue, e.g., claim construction argument(s), motion(s) to exclude evidence, or patentability argument(s).

There are also some back-up provisions that enable a more experience practitioner to cover if the LEAP practitioner runs into issues. For example, the PTAB states that it will permit more experienced counsel to assist a LEAP practitioner, if necessary, during oral argument, and to clarify any statements on the record before the conclusion of the oral argument.

The PTAB is even offering training: https://www.uspto.gov/patents-application-process/patent-trial-and-appeal-board/leap

While this may be primarily aimed at inter partes proceedings, the rules are equally applicable to ex parte hearings. But, you must submit a request at least five business days before the hearing.

Having conducted many oral hearings before the PTAB, there are certainly advantages to the experience and this program looks like a great way to give opportunities to the next generation of PTAB practitioners.