PTAB Amendment Alternatives: Patent Reissue & Reexamination

Federal Register Notice Advertises Alternative PTAB Amendment Options

Last Friday the USPTO published a notice in the Federal Register entitled: Notice Regarding Options for Amendments by Patent Owner Through Reissue or Reexamination During a Pending AIA Trial Proceeding ( here). The Notice outlines considerations for stakeholders pursuing reexam/reissue as an alternative amendment path to Patent Trial & Appeal Board (PTAB) AIA trial mechanisms. While, the Notice is careful to emphasize that each case will be considered on its own merits, and provides aspects of the record that will be considered in this regard, practically speaking, most such proceedings will be stayed pending an AIA trial.