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ARTICLE · 03 SEPTEMBER 2019

Patent Office Releases Update To The AIA Trial Practice Guide

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The USPTO has released an update to the Trial Practice Guide for AIA trial proceedings. The update revises the Trial Practice Guide to reflect rule and policy changes implemented

United StatesIntellectual Property
Roger H. Lee
Roger H. Lee
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The USPTO has released an update to the Trial Practice Guide for AIA trial proceedings. The update revises the Trial Practice Guide to reflect rule and policy changes implemented after the last update to the Trial Practice Guide in August 2018, and provides additional guidance on trial practice before the PTAB.

Additional discovery: The update sets forth factors that the Board may consider when deciding requests for additional discovery, including in situations involving real parties-in-interest inquiries and evidence of secondary considerations. The update cites decisions where the Board granted and denied additional discovery requests involving real party-in-interest and secondary considerations issues.

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