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 ...