In the case of appeals, a written request for a telephonic or video hearing in lieu of live attendance must be filed with the Board. This request can be filed as part of the hearing request, or it can be filed in response to the receipt of the Board's Notice of Hearing when confirming attendance. Upon receipt of the written request, an order granting or denying the request will be issued. Orders granting a video or telephonic request will set forth additional information on how the appellant should contact the Board to participate remotely in the scheduled hearing.
If a party wishes to change the requested mode of participation after the party already has confirmed attendance, the party must submit a revised written request for live, video, or telephonic hearing. For example, the party can revise the requested mode of participation by
- submitting a revised confirmation of attendance with the newly desired mode of attendance checked and with some indication in the Remarks section that the requested mode has changed, or
- drafting a request made to the attention of the Patent Trial and Appeal Board, Hearings Clerk. The request should be submitted in the same manner as set forth on the Notice of Hearing for initially confirming attendance. Requests to revise the mode of participation must be submitted with sufficient notice for the oral hearings staff to accommodate the request. Failure to submit such requests with adequate notice may result in the request being denied.
In the case of AIA trials and interferences, a request for a telephonic or video hearing may be included in the party's request for oral argument. If a party in an AIA trial or interference decides, after submitting a request or oral argument, that it wishes to participate in the argument by phone or video, the party should contact the Board to arrange a telephone conference with the judge(s) handling the matter and opposing counsel, to discuss the party's request to appear remotely.