Association for Accessible Medicines
PTORulemakingPTO-P-2023-0048

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

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Oct 17, 2025
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closed 770d ago
Association for Accessible Medicines filings
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Activity

Association for Accessible Medicines filed 1 comment on this docket between Jun 18, 2024 and Jun 18, 2024. 4 other organizations filed here. The comment window closed 770d ago.

What Association for Accessible Medicines filed (1)

Jun 18, 2024· Comment by Association for Accessible Medicines· PTO-P-2023-0048-0073

Filed on regulations.gov — full text not in the inline record.

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.

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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 (PTO) — Association for Accessible Medicines | OpenPolis