The United States Patent and Trademark Office has proposed a substantial number of amendments relating to the rules governing AIA post-grant proceedings, including inter partes review, post-grant review, covered business method patent review, and derivation proceedings. The new rules are intended to reduce the workload of the USPTO’s Patent Trial and Appeal Board (PTAB), which hears these proceedings. One example rule change would establish a narrower claim interpretation standard (the Phillips standard) for patents that are set to expire during USPTO proceedings, but which could still be enforced against past infringers. Another rule change would give patent holders the right to present evidence before the PTAB decides whether or not to institute a proceeding. A third proposal would change the three-judge panel structure of review proceedings; instead of having three judges rule on every stage of the proceeding, a single judge would rule on whether or not a review proceeding should be instituted, with two more judges being added later on if it is.
The USPTO is asking for public comments on its proposed rulemaking. The proposed amendments can be found at https://s3.amazonaws.com/public-inspection.federalregister.gov/2015-20227.pdf.
USPTO Proposes Substantial Rule Changes for Post-Grant Proceedings
source: Maier & Maier, PLLC
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