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ARTICLE · 24 APRIL 2015

Rule Changes For Post Grant Practice

Kilpatrick Townsend & Stockton LLP
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The Patent Office has decided to make several rule changes that will be unveiled in three phases, as announced by Commissioner Michele Lee said in a March 27, 2015 blog post:

United StatesIntellectual Property
Paul Haughey
Paul Haughey
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The Patent Office has decided to make several rule changes that will be unveiled in three phases, as announced by Commissioner Michele Lee said in a March 27, 2015 blog post: http://www.uspto.gov/blog/director/entry/ptab_s_quick_fixes_for.

The immediate rule changes announced increase the page limits for motions to amend and reply briefs from 15 to 25 pages.

The additional rules being considered would address the following:

  • Modifications to the motion to amend process
  • Adjustments to the allowable evidence in the patent owner preliminary response
  • Clarification of the claim construction standard as applied to expired patents
  • Adjustments to the scope of additional discovery

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