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ARTICLE · 04 SEPTEMBER 2015

Claim Construction And Amendment Procedure During PTAB Trials: Up For Comment

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The proposed rules are available in the Federal Register, at 80 FR 50719- 50747, and public comments are open for 60 days from the announcement.

United StatesIntellectual Property
Jennifer Bush
Jennifer Bush
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Recently, the U.S. Patent and Trademark Office released a package of proposed procedural revisions affecting post-grant proceedings before the USPTO's Patent Trial and Appeal Board (PTAB), and conducted a three-city "roadshow" for discussion of the proposed changes. The proposed rules are available in the Federal Register, at 80 FR 50719- 50747, and public comments are open for 60 days from the announcement.

The proposed rule changes include allowing patent owners to submit expert declarations or other new testimonial evidence with their preliminary response, requiring a Rule-11 type certification by the parties' attorneys, replacing page counts with word-count limits for most papers, and clarifying claim construction standards and amendment procedures.

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