Patent Trial and Appeal Board Rules of Practice for Briefing Discretionary Denial Issues, and Rules for 325(d) Considerations, Instituting Parallel and Serial Petitions, and Termination Due to Settlement Agreement

Activity

Advanced Medical Technology Association filed 1 comment on this docket between Jun 20, 2024 and Jun 20, 2024. 4 other organizations filed here. The comment window closed 770d ago.

What Advanced Medical Technology Association filed (1)

Abstract

The United States Patent and Trademark Office (USPTO or Office) proposes modifications to the rules of practice for inter partes review (IPR) and post-grant review (PGR) proceedings before the Patent Trial and Appeal Board (PTAB or Board) that the Director and, by delegation, the PTAB will use in exercising discretion to institute IPRs and PGRs. The Office proposes these provisions in light of stakeholder feedback received in response to an October 2020 Request for Comments (RFC) and an April 2023 Advance Notice of Proposed Rulemaking (ANPRM). The proposals enhance and build on existing precedent and guidance regarding the exercise of the Director’s discretion pursuant to the America Invents Act (AIA) to determine whether to institute an IPR or PGR proceeding with regard to serial petitions, parallel petitions, and petitions implicating the same or substantially the same art or arguments previously presented to the Office. The proposed rules also provide a separate briefing process for discretionary institution arguments and align the procedures for termination of proceedings pre- and post-institution.

• Advanced Medical Technology AssociationTHIS ORG

  1 filing · confidence 97%
• ACT | The App Associationtrade assoc.

  1 filing · confidence 97%
• Alliance for Automotive Innovationtrade assoc.

  1 filing · confidence 97%
• Association for Accessible Medicinestrade assoc.

  1 filing · confidence 97%
• National Retail Federationtrade assoc.

  1 filing · confidence 97%