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ARTICLE · 08 MAY 2015

USPTO Implements Quick Fixes To AIA Review Rules

McDermott Will & Emery
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On March 27, 2015, the director of the U.S. Patent and Trademark Office (PTO) announced several quick fixes in response to public comments on proposed revisions to the rules for inter partes review (IPR).

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Bernard Codd
Bernard Codd
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On March 27, 2015, the director of the U.S. Patent and Trademark Office (PTO) announced several quick fixes in response to public comments on proposed revisions to the rules for inter partes review (IPR), post grant review (PGR) and covered business method (CBM) review.  One of the quick-fix changes is to increase the number of pages for a motion to amend from 15 to 25 pages, along with the addition of a claims appendix (with a commensurate amount of additional pages for the opposition and reply briefs).  Patent Trial and Appeal Board (PTAB or Board) judges have been instructed to implement these rule changes immediately.

In addition to these immediate changes, the PTO is considering a number of additional rules changes, to be subject to public comment, expected to be released sometime this summer.  This second rule package will include further modifications to the motion to amend process, adjustments to the evidence that can be provided by the patent owner in its

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