Share on LinkedInShare on LinkedIn

ARTICLE · 18 OCTOBER 2017

First AIA Trial Extended Beyond 12 Months For Good Cause

Ropes & Gray LLP
Ropes & Gray LLP
Contributor
Ropes & Gray LLP

Ropes & Gray LLP

Ropes & Gray is one of the world’s most respected law firms, with offices in key business and...

View firm profile
Explore more from Ropes & Gray LLP

Earlier this month the Patent Trial & Appeal Board (PTAB) determined, for the first time, that good cause existed to extend a trial beyond the mandated 12 months of 35 U.S.C. § 316(a)(11).

United StatesIntellectual Property

Aqua Products Decision Deemed "Good Cause"

Earlier this month the Patent Trial & Appeal Board (PTAB) determined, for the first time, that good cause existed to extend a trial beyond the mandated 12 months of 35 U.S.C. § 316(a)(11). While the Board has had trials extend beyond 12 months in cases of joinder — an existing exception to its 12 month mandate — this is the first time that the USPTO Director exercised his discretion to extend a trial schedule for "good cause." As a reminder 316(a)(11) provides that:

[T]he final determination in an inter partes review [shall] be issued not later than 1 year after the date on which the Director notices the institution of a review under this chapter, except that the Director may, for good cause shown, extend the 1-year period by not more than 6 months. . . .

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from