Garth D. Baer

PTAB hearings are held in person unless the Board finds good cause for a party to appear virtually; one party's approval does not establish good cause for another party.

Starting September 1, 2025, all Patent Trial and Appeal Board (PTAB) hearings will be held in person. All parties will be expected to appear in person for hearings absent a showing of good cause.

Members of the public may request virtual or in-person access to a PTAB hearing by contacting PTABHearings@uspto.gov at least three business days before the hearing.

To access a hearing virtually—or in person—submit a request to PTABHearings@uspto.gov at least three business days before the hearing.

Recording a PTAB hearing is prohibited, and gallery electronic devices are prohibited; devices used for demonstratives at counsel table are excepted.

Recording of any PTAB hearing is prohibited. Please turn off cell phones and electronic devices, except those used for demonstratives at the counsel table.

PTAB provides specified presentation equipment, but parties must bring their own laptops, store materials offline because hearing rooms lack internet access, and obtain prior authorization for animation or video demonstratives.

For Microsoft PowerPoint and other computer-based presentations, the party must provide its own laptop. Animation and video demonstratives cannot be presented at a hearing without specific prior authorization.

AIA-trial demonstratives are aids rather than evidence, must be marked as not evidence, and may not introduce new evidence or arguments.

Demonstrative exhibits used at the oral hearing are aids and not evidence and should be clearly marked as such.

For ex parte and reexamination appeals, PowerPoint slides and other demonstratives must be submitted through Patent Center at least 10 days before the hearing and marked as not evidence.

They must be submitted for inclusion into the record at least ten (10) days before the hearing date by submitting them through the USPTO Patent Center.

Unless the panel directs otherwise, AIA-trial demonstratives must be served on opposing counsel at least five business days before oral argument and served electronically on the Board by the hearing.

For AIA trials, unless otherwise directed, demonstrative exhibits must be served on opposing counsel at least five business days before the oral argument and a copy served electronically at the Board no later than the time of the oral argument.

Parties must make demonstratives available to every APJ, including judges participating remotely, and identify the demonstrative clearly during argument.

It is incumbent on the parties to ensure that any demonstratives used during an oral hearing are visible and available to all judges on the panel.