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ARTICLE · 15 AUGUST 2019

New PTAB Guide Creates Uncertainty As To Multiple Petition Situations

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The USPTO published its second update to the PTAB Trial and Practice Guide last month. The section addressing procedures for addressing multiple challenges to a patent is a new and noteworthy addition

United StatesIntellectual Property
Harper Batts
Harper Batts
Chinenye Okafor
Chinenye Okafor
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The USPTO published its second update to the PTAB Trial and Practice Guide last month. The section addressing procedures for addressing multiple challenges to a patent is a new and noteworthy addition.

In the new section addressing "parallel petitions challenging the same patent" by the same petitioner, the Board states that, "one petition should be sufficient to challenge the claims of a patent in most situations. Two or more petitions filed against the same patent at or about the same time (e.g., before the first preliminary response by the patent owner) may place a substantial and unnecessary burden on the Board and the patent owner and could raise fairness, timing, and efficiency concerns."

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