The
U.S. Patent and Trademark Office has kicked off 2024 with
several policymaking initiatives.
From updated guidance for making a proper determination of
obviousness to a proposed rule on motion to amend practice and
procedures in trial proceedings under the America Invents Act
before the Patent Trial and Appeal Board, the USPTO is clarifying
and updating its policies that affect the PTAB.
This article provides an overview of the policymaking we have
seen this year and highlights how these policies may affect
practice before the PTAB.
Notices of Proposed Rulemaking
So far this year the USPTO has published two notices of proposed
rulemaking before the PTAB;
- Expanding opportunities to appear;1 and
