Changes shine a light on PTAB practice


Jennifer Kurcz

Changes shine a light on PTAB practice

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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

Patent Trial and Appeal Board, SAS, America Invents Act, post-grant proceedings, inter partes review, estoppel, US Patent and Trademark Office