To ensure robust and transparent engagement throughout the rulemaking process, the U.S. Patent and Trademark Office (USPTO) today announced an Advance Notice of Proposed Rulemaking (ANPRM) seeking public input regarding proposed changes to discretionary institution practices, petition word limits, and settlement practices for America Invents Act (AIA) proceedings before the Patent Trial and Appeal Board (PTAB). The ANPRM allows the public to provide initial feedback on proposals from both the USPTO and the public before the USPTO shapes potential rules in a Notice of Proposed Rulemaking (NPRM).
“We thank our stakeholders and the public for the many comments they submitted, including in response to the Request for Comments on Discretion to Institute Trials Before the Patent Trial and Appeal Board,” remarked Under Secretary of Commerce for Intellectual Property and USPTO Director Kathi Vidal. “Our goal is to better ensure our practices align with the USPTO’s mission to promote and protect innovation and investment, and with the congressional intent behind the AIA to provide a less expensive alternative to district court litigation to resolve certain patentability issues while also protecting against patentee harassment.” Read more