The U.S. Patent and Trademark Office on Tuesday announced a new round of proposed changes to the rules for America Invents Act reviews that would let patent owners give more robust responses to petitions and impose new requirements to crack down on misconduct in filings.
PTAB Update: Proposed Changes to Rules Governing PTAB Trial Proceedings
New Rules on PTAB Trials | Patently-O
Earlier this year, the USPTO released a set of ‘quick fixes‘ to AIA trial procedures before the Patent Trial and Appeal Board (PTAB) and also promised second package of rule changes. That second package has now been detailed in the USPTO’s Proposed Rule Changes now found in the Federal Register. The proposed rules focus on a number of practical changes to PTAB Trial Procedures:
- Testimonial Evidence (Such as Expert Declarations) in Patent Owner’s Preliminary Response (to be considered but viewed in the light most favorable to the petitioner when determining whether to institute an inter partes review proceeding)
- Claim construction standards for patents about to expire (use actual construction for patents that “will expire” before final judgment rather than broadest-reasonable-interpretation)
- Rule-11 Requirement associated with all papers filed with the PTAB – giving the
USPTO “a more robust means with which to police misconduct.”
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