David Ruschke, who has been chief judge of the Patent Trial and Appeal Board (PTAB) since 2016, is taking on a new role at the USPTO.
In an email sent on August 14, and published by National Law Journal, USPTO director Andrei Iancu said that Ruschke had “graciously accepted the position of Senior Advisor to Patents, a new role in our Patents organization that will work closely with PTAB.”
Iancu explained: “While the PTAB and Patents have worked closely together to provide high-quality patent services, establishing a more direct channel between the business units will improve the free flow of information.”
Scott Boalick will serve as acting chief administrative patent judge and Jacqueline Bonilla will serve as acting deputy chief administrative patent judge. The changes are effective September 2.
It has been a big year for the PTAB. The Supreme Court issued two opinions on PTAB cases. In Oil States it found that inter partes reviews were constitutional. In SAS Institute, the court ended the Board’s practice of partial institution and ruled that all or none of the claims challenged must be instituted.
Ruschke is expected to work with patent examiners, training them on how to identify what is and is not patentable in order to improve patent quality.
USPTO director Andrei Iancu, who took over at the USPTO in February, has revealed that patent quality is a priority, and this reordering may be a move in that direction. It also opens up one of the most important jobs at the PTAB, where Iancu can now place a new judge.
