Friday, April 19 2024   \  Published by USPTO .

USPTO advances rules governing PTAB review practices in various proceedings, improving fairness, transparency, and efficiency

USPTO advances rules governing PTAB review practices in various proceedings, improving fairness, transparency, and efficiency

In light of robust, extensive feedback from a wide array of stakeholders and the Patent Trial and Appeal Board’s (PTAB) experience in implementing the America Invents Act (AIA) for over a decade, today the U.S. Patent and Trademark Office (USPTO) announced a Notice of Proposed Rulemaking (NPRM) seeking public input on proposals to codify many existing PTAB review policies and practices. These proposals would improve fairness, transparency, and efficiency in PTAB processes, further evolving and strengthening the proceedings of USPTO’s patents judicial Board.

The proposals in the NPRM reflect public feedback starting with a 2020 Request for Comments that received more than 820 comments and a 2023 Advanced Notice of Proposed Rulemaking (ANPRM) that resulted in 14,500 comments, as well as comments received in other fora, expressing a preference that key policy changes be formalized through rulemaking. The proposed rules address a subset of topics from the ANPRM; other topics raised in the ANPRM are still under consideration. Read more

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