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ARTICLE · 28 AUGUST 2015

Patent Board's Proposed New Rules For PTAB Trials

Morgan Lewis
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The Patent Trial and Appeal Board (PTAB) just issued its second round of proposed rule changes to post-patent issuance review proceedings conducted by the PTAB.

United StatesIntellectual Property
Dion Bregman
Dion Bregman
Ahren Hsu-Hoffman
Ahren Hsu-Hoffman

The PTAB issues its second round of proposed rule changes.

The Patent Trial and Appeal Board (PTAB) just issued its second round of proposed rule changes to post-patent issuance review proceedings (Inter Partes Reviews, Post-Grant Reviews, and Covered Business Method reviews) conducted by the PTAB. These proposed rules follow the set of "quick fixes" to PTAB trial procedures that the United States Patent and Trademark Office (USPTO) implemented this past March.

The new proposed rules attempt to address issues and public comments concerning 1) the claim construction standard for PTAB trials, 2) testimonial evidence submitted with a patent owner's preliminary response, 3) Rule 11-type certifications for practitioners, and 4) word count limitations for major briefing.

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