hmproudlove / iStockphoto.com
The US Supreme Court’s landmark SAS ruling drove dramatic changes in PTAB practice, says Jennifer Kurcz of BakerHostetler, who examines the trends in this area.
In one fell swoop, SAS caused the USPTO’s Patent Trial and Appeal Board (PTAB) to revisit half of pending PTAB cases in which partial institutions had occurred. With the additional burden on the PTAB to fully address petitions, the USPTO has requested more fees for America Invents Act (AIA) trials and practitioners have adjusted strategies accordingly.
Given the increased scrutiny on the PTAB from the judiciary, the USPTO, for the first time ever, updated its Trial Practice Guide in August. This article highlights these and other key changes to PTAB practice in 2018.
SAS drives changes to PTAB practice
The rest of this article is locked for subscribers only. Please login to continue reading.
If you don't have a login, you will need to purchase a subscription to gain access to this article, including all our online content. Please use this link and follow the steps.
For multi-user price options, or to check if your company has an existing subscription to us that we can add you to for FREE, please email Atif Choudhury at achoudhury@worldipreview.com
Patent Trial and Appeal Board, SAS, America Invents Act, post-grant proceedings, inter partes review, estoppel, US Patent and Trademark Office