Tuesday, March 5 2024   \  Published by IP Watchdog.

USPTO Proposes Rules to Implement Motion to Amend Pilot Provisions

USPTO Proposes Rules to Implement Motion to Amend Pilot Provisions

The proposed rules would ‘favor of the Board’s authority to consider the entirety of the art of record and to request examination assistance in an appropriate manner when justified by circumstances.

The U.S. Patent and Trademark Office (USPTO) today published a Federal Register Notice (FRN) announcing a notice of proposed rulemaking (NPRM) that would make permanent certain aspects of the Motion to Amend (MTA) Pilot program and revise rules around the burden of persuasion governing MTAs.

The MTA pilot program for America Invents Act (AIA) proceedings at the Patent Trial and Appeal Board (PTAB) stems back to March 2019, when the Office published a notice of pilot program in the Federal Register announcing that patent owners would have the opportunity to seek preliminary guidance on MTAs from the Board itself. The pilot program also offered the opportunity for patent owners to file revised MTAs following a petitioner’s brief in opposition to the original motion to amend. Since launching the pilot program, the USPTO has twice extended the date for terminating the program, which is currently set to run through September 16, 2024. Read more

Ready to Get Started?

Contact Sales