Reminder: Request for comments regarding Advance Notice of Proposed Rulemaking for potential PTAB reforms closes June 20
On April 20, the United States Patent and Trademark Office (USPTO) published an Advanced Notice of Proposed Rulemaking (ANRPM) seeking public comments on 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 deadline to comment is June 20.
The USPTO will use the comments submitted on the ANPRM to determine which rules are needed and what regulations to develop. If you do not have the opportunity to comment on the ANPRM, you will have an additional opportunity to comment on the rule-making package – the Notice of Proposed Rulemaking (NPRM).
The USPTO has been actively engaging with stakeholders to ensure that practices in inter partes review (IPR) and post-grant review (PGR) proceedings before the PTAB align with the USPTO’s mission to promote and protect innovation and investment in the same, 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.
The USPTO hosted an information session webinar to review the ANPRM on May 9. Slides from that webinar presentation can be found on the ANPRM information session event page.
All comments must be submitted in writing through the Federal eRulemaking Portal at www.regulations.gov by June 20.
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