The USPTO issued a notice on September 10 allowing Patent Trial and Appeal Board judges to advise examiners during pre-appeal and appeal conferences. The participation is explicitly advisory only, meaning the judges do not decide the outcome at that stage. The move is meant to bring PTAB expertise earlier into the examination process.
The notice leaves at least two practical questions unresolved. One is recusal: a judge who advises an examiner may later be assigned to the same case on appeal, creating a potential conflict or the need to step aside. The other involves patent term adjustment, since the timing and conduct of appeal proceedings can affect how much time is added to a patent's term.
The change is notable because it shifts PTAB judges from a purely appellate role toward a collaborative one, but the advisory limitation and unanswered procedural details mean its full impact will depend on how the USPTO applies it in practice.