The new procedures could be in place before the end of 2018 with far-reaching effects for both patent owners and petitioners.

Key Points:

..The new procedures allow a patent owner to file a motion to amend six weeks after institution and the petitioner to respond six weeks thereafter. One month later, the PTAB will provide a non-binding preliminary decision.

..The patent owner may revise its motion to amend if the PTAB indicates that the motion is not likely to prevail.

..The deadline for comments on the new procedures is December 14, 2018. The USPTO “anticipates that it will implement” the new procedures “shortly after the comment deadline.”

..The new procedures will apply to all proceedings instituted after the effective date.