USPTO Releases New Rules For AIA Post-Grant Proceedings

Today the USPTO released its long-awaited package of rules for AIA post-grant proceedings. The final rules largely track the proposed rules (see " USPTO Proposes Extensive Changes to AIA Post-Grant Proceedings" to compare them), although they contain one surprise. Overall, the new rules may reduce the number of instituted IPRs and AIA proceedings by adding a new opportunity on the front end (pre-institution) for a patent owner to introduce newly created evidence or testimony to rebut a petitioner's case, though this is balanced by a petitioner's right to seek leave to reply to such new evidence and the PTAB's resolution of any genuine issue of material fact in the petitioner's favor.