Are USPTO-Promulgated Trial Rules Reliable?

There is no getting around it, America Invents Act (AIA) proceedings are a work in progress. The United States Congress set a broad framework for inter partes review (IPR), post grant review (PGR) and covered business method (CBM) proceedings in the AIA, but left the US Patent and Trademark Office (USPTO), with much of the responsibility for promulgating the rules to be used in these trial-like proceedings. While the USPTO met its responsibility in promulgating those rules, Congress, the Federal Circuit, the Supreme Court and the USPTO itself have brought into question just how long those rules will continue to apply. Bills are making their way through Congress that, if passed, either supplement or supplant these rules. The Federal Circuit has shown a willingness to evaluate the propriety of these rules on appeal and the USPTO has been routinely conducting listening tours where it solicits feedback regarding AIA proceedings. Based on that feedback, the USPTO has already