Trending At The PTAB: Evolution Of Granting Stays Post-AIA

The America Invents Act gives the U.S. Patent and Trademark Office director authority to stay a reexamination or reissue proceeding, pursuant to Title 35 of the U.S. Code, Section 315(d).

This article will discuss the trend of how the board exercises this power and responds to motions to stay, and how they may affect Patent Trial and Appeal Board practice.

Background

The amended AIA provides that in an inter partes review, the director may, at their discretion, stay, transfer, consolidate or terminate any parallel matter before the USPTO.

Accordingly, Title 37 of the Code of Federal Regulations, Section 42.122(a), provides this power to the PTAB, authorizing the board to “enter any appropriate order regarding the additional matter including providing for the stay, transfer, consolidation, or termination of any such matter.”