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ARTICLE · 03 MAY 2023

PTO Requests Comments On Revisions To AIA Trial Proceedings

McDermott Will & Emery
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On April 21, 2023, the US Patent & Trademark Office (PTO) announced that it is seeking public input on proposed modifications to the rules of practice for inter partes reviews (IPRs) and post grant

United StatesIntellectual Property
Bernard P. Codd
Bernard P. Codd

On April 21, 2023, the US Patent & Trademark Office (PTO) announced that it is seeking public input on proposed modifications to the rules of practice for inter partes reviews (IPRs) and post grant reviews (PGRs) before the Patent Trial & Appeal Board to better align the practices with the PTO's mission to promote and protect innovation and investment in the same and to provide a less expensive alternative to district court litigation to resolve certain patentability issues while also protecting against patentee harassment.

The PTO is considering promulgating rules that the Director-and, by delegation, the Board-will use to do the following:

  • Exercise the Director's discretion to institute IPRs and PGRs

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