By Stephen B. Maebius , Courtenay Brinckerhoff , Kristel Schorr and Benjamin A. Berkowitz
On February 7, 2012, the USPTO released seven proposed rules packages to implement the new trial proceedings that the Patent Trial and Appeal Board (Board) will conduct under the Leahy-Smith America Invents Act...
From the US Patent and Trademark Office:
Washington - The United States Patent and Trademark Office (USPTO) has proposed a consolidated set of rules related to trial practice before the Patent Trial and Appeal Board. The proposed rules implement the provisions of the Leahy-Smith America Invents Act...
PTAB To Exercise Discretion Relative to Non-registered Practitioners
The new post grant patent proceedings of the America Invents Act (AIA) are adjudicative in nature. That is to say, Derivation, Inter Partes Review (IPR) and Post Grant Review (PGR) will be conducted as trials before the Patent Trial...
Final Rules Modified to Address Most Common Criticisms
Yesterday's [August 14th] printing of the final rules to implement the post grant patent proceedings of the AIA is the culmination of well over a years worth of intensive, and tireless effort by the USPTO. The effort throughout 2011 led to...
Raising of Evidentiary Informalities Prior to
During PTAB patentability proceedings, the Federal Rules
of Evidence are applied. And, while the USPTO's definition of a "proceeding'
includes the preliminary proceeding (i.e., petition filing, preliminary
Stay Calculus to Encourage Multi-Defendant
As the new patentability trials of the America Invents
Act (AIA) have only been available for 7 months, their impact is only now
beginning to be felt in the district courts. The new USPTO Patent Trial &
Appeal Board (PTAB) proceedings permit...