Patent Office Updates Trial Practice Guide (1)

Aug. 10, 2018, 3:42 PM; Updated: Aug. 10, 2018, 9:02 PM

The Patent and Trademark Office has revised its practice guide for validity challenges before the Patent Trial and Appeal Board.

The office announced a Federal Register notice about the changes Aug. 10 which will be officially published Aug. 13.

The revisions cover a handful of issues, but the biggest change is that patent owners now get the last word in responding to the petitioner’s arguments, Scott McKeown, chair of Ropes & Gray LLP’s PTAB practice, told Bloomberg Law.

Critics say the administrative challenge proceedings, including inter partes reviews, are unfair because the rules make it too difficult for patent owners ...

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