Proposed Rule Changes For AIA Reviews At The PTAB

On August 19, 2015, in a blog post on the agency's website, U.S. Patent and Trademark Office ("USPTO" or "Office") Director Michelle Lee announced a second round of proposed rule changes for America Invents Act ("AIA") reviews. These new proposed rules follow an initial round of rule changes announced in March that included, among other things, increased page limits for certain filings.

As part of the most recent rule changes, Director Lee stated that the new rules would allow patent owners to include, with their opposition to a petition to institute a proceeding, new testimonial evidence such as an expert declaration. This change responds to commentary raising concerns that patent owners are disadvantaged by current rules that let petitioners' evidence go unanswered before a trial is instituted. Because there will be no cross-examination of the witnesses, the Office also proposes amending the rules to provide that any factual dispute that is material to the