MPEP Q & A 304: What does routine discovery include?

Question:

What does routine discovery include?

Answer:

Routine discovery includes:

Production of any exhibit cited in a paper or testimony;
The cross-examination of the other sides declarants; and
Relevant information that is inconsistent with a position advanced during the proceeding.

Routine discovery places the parties on a level playing field and streamlines the proceeding. Board authorization is not required to conduct routine discovery, although the Board will set the times for conducting this discovery in its Scheduling Order.

Chapter Details:

This question comes from the following supplement “Patent Trial and Appeal Board Consolidated Trial Practice Guide November 2019”. This is a special supplement that at the time of this recording is currently being tested on the Patent Bar exam. Depending on future changes to the supplement and the MPEP, the question and answer may not be applicable.

Section Summary:

This question comes from the following supplement: “Patent Trial and Appeal Board Consolidated Trial Practice Guide November 2019”. The following is a brief summary of the appropriate section in the supplement.

F. Discovery
Discovery in legal proceedings is a sequenced process that allows each party to gather evidence and respond to the opponent’s grounds. It begins with the patent owner and is focused on creating a fair record and assisting the board in assessing witness credibility.
There are two main types of discovery: routine and additional. Routine discovery includes the production of cited exhibits, cross-examination of declarants, and information inconsistent with a position advanced during the proceeding.
Additional discovery, requested through a motion, involves more extensive information and is granted under either “interests of justice” or “good cause” standards. Other elements of the discovery process include document translation, witness expenses, and compelled testimony.