PTAB changes prompt a new strategy for patent owners
On December 9, 2020, the US Patent and Trademark Office (USPTO) published some final rules in the Federal Register, relating to proceedings under the America Invents Act (AIA). For the most part, these rules codified existing Patent Trial and Appeal Board (PTAB) practice relating to whether and how the PTAB institutes an inter partes review (IPR) or a post-grant review (PGR) proceeding, and to the ability of a petitioner and a patent owner to address a PTAB decision on institution.
