USPTO Proposed Rulemaking Could Reshape Post-Grant Practice Under The AIA

On April 21, the U.S. Patent and Trademark Office (USPTO) published an Advanced Notice of Proposed Rulemaking (ANPRM), based on a Request for Comments (RFC) published in 2020. The ANPRM sets forth a series of proposed rule changes that, if adopted, would reshape inter partes review (IPR) and post-grant review (PGR) practice under the America Invents Act (AIA). The proposed changes would affect discretionary institution practices under 35 U.S.C. §§ 314(a), 324(a), and 325(d); petition word limits; and petition strategy for AIA proceedings before the Patent Trial and Appeal Board (PTAB).

The proposed rulemaking can be found here. A selection of the proposed rules is discussed below: