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The USPTO has published a new, consolidated edition of the Patent Trial Practice Guide that incorporates updates released in August 2018 and July 2019 into the original August 2012 Practice Guide. The topics of revisions and updates included in this consolidated version include:
- Institution of trial after SAS Institute Inc. v. Iancu, 138 S. Ct. 1348 (2018)
- Use of sur-replies in lieu of observations
- How parties may contact the Board to request an initial conference call
- Use of word counts
- The sample scheduling order for derivation proceedings
- The default protective order
The guide may be further revised as we continue to review AIA trial proceedings. For more details about the new edition, please review the full text at the Federal Register Reading Room.
The November 2019 Trial Practice Guide, the previous July 2019 Practice Guide update, the August 2018 Practice Guide update, and the original August 2012 Practice Guide may be viewed and downloaded from the USPTO website.
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