The new procedures could be in place before the end of 2018 with far-reaching effects for both patent owners and petitioners.
Key Points:
..The new procedures allow a patent owner to file a motion to amend six weeks...more
The PTAB will apply the same Phillips standard applied by district courts and the ITC.
Key Points:
..The change is not retroactive, and will apply only to IPR, PGR, and CBM petitions filed on or after November 13,...more
The key question for the Court is whether an agency or only an Article III court may cancel an issued patent -
The Supreme Court granted certiorari in Oil States Energy Services LLC v. Greene’s Energy Group, LLC, No....more
6/19/2017
/ America Invents Act ,
Article III ,
Constitutional Challenges ,
Covered Business Method Proceedings ,
Inter Partes Review (IPR) Proceeding ,
Oil States Energy Services v Greene's Energy Group ,
Patents ,
Post-Grant Review ,
Private Property ,
Public Property ,
SCOTUS ,
USPTO
New rules give more options to patent owners and petitioners in pre-institution phase.
On March 31, 2016, the Patent and Trademark Office (PTO) issued new final rules to govern practice before the Patent Trial and Appeal...more
4/6/2016
/ America Invents Act ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
Covered Business Method Proceedings ,
Duty of Candor ,
Expert Testimony ,
Final Rules ,
Genuine Issue of Material Fact ,
Inter Partes Review (IPR) Proceeding ,
Patent Litigation ,
Patent Owner Preliminary Response ,
Patent Trial and Appeal Board ,
Post-Grant Review ,
USPTO
Patent owners can include expert testimony with a preliminary response.
The Patent Office (Office) conducted a nationwide listening tour in April and May of 2014 to gauge the effectiveness of the rules governing...more