On April 1, 2016 the USPTO published the final rules that make substantive changes to the Patent Trial and Appeal Board (PTAB) trial practice rules for inter partes review (IPR), covered business method (CBM), and post-grant review (PGR) proceedings.
The final rules:
- Allow new testimonial evidence to be submitted with a patent owner’s preliminary response
- Add a Rule 11-type certification for papers filed in a proceeding
- Allow a district court-type construction approach for claims of patents that will expire before entry of a final written decision
- Replace the current page limit with a word count limit for major briefing
There are some key takeaways for a person interested in these PTAB rules changes, potentially requiring follow-up from the patent owner. For additional information, please click here