PTAB Summer Package Of Proposed Rule Changes Now Available And Open For Public Comment

On March 31 we posted about the Patent Office rolling out a series of rulemakings for improving post-grant proceedings before the Patent Trial and Appeal Board (PTAB) pursuant to public feedback to a Request for Comments published by the Office last June. The first rules package went into effect this spring on May 19, 2015 and addressed "quick fixes," such as changes to font requirements and increased page limits for petitioner replies and motions to amend.

This past Wednesday, Under Secretary of Commerce for Intellectual Property and USPTO Director, Michelle Lee, announced that the Office has now published for public comment through October 19, 2015 its second rules package of proposed changes involving more substantive revisions to PTAB trial rules and the Office Patent Trial Practice Guide (Practice Guide). The proposed rule changes seek to address issues and public comments concerning the claim construction standard for PTAB trials, word count for major