The USPTO published a final rule relating to AIA trial
proceedings before the Patent Trial and Appeal Board (PTAB). The
final rule addresses three aspects of AIA trial
proceedings.
First, the rule formally implements the PTAB's current
guidance concerning the scope of institution in view of the Supreme
Court's decision in SAS Institute. Under
current practice, if the PTAB institutes review, trial proceeds on
all challenged claims and on all asserted grounds of
unpatentability presented in the petition. The final rule
formally implements this practice into the regulation.
Second, the final rule conforms the regulation to the current
practice of allowing for automatic sur-replies to principal
briefs. The final rule formally implements the practice of
providing patent owners with the opportunity to file a sur-reply to
a petitioner reply without any need for prior authorization from
the Board.
