News & Analysis as of

Final Rules Post-Grant Review

WilmerHale

PTAB/USPTO Update - April 2023

WilmerHale on

On March 6, the USPTO announced a new Green Energy Category of its Patents for Humanity Program. Patents for Humanity is an awards competition that recognizes innovators who use technology to meet global humanitarian...more

Lathrop GPM

USPTO Announces Across-the-Board Patent Fee Increases

Lathrop GPM on

The United States Patent and Trademark Office (USPTO) published a Final Rule today in the Federal Register, viewable at 85 Fed. Reg. 46932 (August 3, 2020), announcing fee adjustments affecting all aspects of patent practice...more

Knobbe Martens

PTAB Adopts Phillips Standard for Claim Construction in AIA Proceedings

Knobbe Martens on

On October 11, 2018, the USPTO published a Final Rule in the Federal Register, adopting a new standard for interpreting claims in trial proceedings before the patent trial and appeal board (PTAB)....more

Bracewell LLP

Singing the Same Claim Construction Tune: USPTO Adopts Federal Court Claim Construction Standard for AIA Proceedings

Bracewell LLP on

On October 11, 2018, the United States Patent and Trademark Office (USPTO) published notice of a final rule change adopting the claim construction standard applied by federal courts for use by the Patent Trial and Board...more

Bradley Arant Boult Cummings LLP

Changes to PTAB’s Claim Construction Standard - Intellectual Property News

On October 10, 2018, the United States Patent and Trademark Office (USPTO) announced that it will issue a final rule changing the claim construction standard for interpreting claims in inter partes review (IPR), post-grant...more

Latham & Watkins LLP

USPTO Harmonizes New Claim Construction Standard in PTAB Proceedings

Latham & Watkins LLP on

The PTAB will apply the same Phillips standard applied by district courts and the ITC. Key Points: ..The change is not retroactive, and will apply only to IPR, PGR, and CBM petitions filed on or after November 13, 2018....more

Williams Mullen

PTAB Adopts Phillips Claim Construction Standard for AIA Challenges

Williams Mullen on

Last week, the U.S. Patent and Trademark Office (“Patent Office”) published its Final Rule Package modifying the claim construction standard used in challenges before the Patent Trial and Appeal Board (“PTAB”), including...more

Mintz - Intellectual Property Viewpoints

PTAB Adopts the Phillips Claim Construction Standard in AIA Proceedings

Today the Patent Trial and Appeal Board announced a final rule changing the claim construction standard for interpreting claims in inter partes review (“IPR”), post-grant review (“PGR”), and covered business method patent...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

USPTO Changes Claim Construction Standard in Post-Grant Proceedings

The USPTO has published a final rule, changing the claim construction standard applied during post-grant proceedings (inter partes reviews, post-grant reviews, and covered business methods reviews) before the Office’s Patent...more

Goodwin

PTO Replaces Broadest Reasonable Interpretation Claim Construction Standard in IPR, PGR, CBM Proceedings

Goodwin on

Today, the PTO announced that it has published a final rule changing the claim construction standard applied during IPR, PGR, and CBM proceedings before the PTAB. The final rule replaces the “broadest reasonable...more

Jones Day

PTAB Claim Construction Final Rule Announced

Jones Day on

The USPTO has published a final rule changing the claim construction standard applied during inter partes review (IPR), post-grant review (PGR), and the transitional program for covered business method patents (CBM)...more

Bryan Cave Leighton Paisner

Patent Office Issues Final Rule Amending the Rules of Practice for Trials at the PTAB

The U.S. Patent and Trademark Office (Patent Office) has issued a final rule that addresses aspects of trial practice for America Invents Act (AIA) proceedings before the Patent Trial and Appeal Board (PTAB), takes effect May...more

McCarter & English, LLP

New Rules for Patent Office Litigation: Will They Make Patent Owners Happy?

On April 1, the U.S. Patent and Trademark Office (USPTO) published new rules for the increasingly popular America Invents Act (AIA) proceedings, such as inter partes reviews, covered business method reviews, and post-grant...more

Foley & Lardner LLP

The New AIA Rules May Help Patent Owners Avoid Trial

Foley & Lardner LLP on

On May 2, 2016, the amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board go into effect, and apply “to all AIA petitions filed on or after the effective date and to any ongoing AIA...more

Latham & Watkins LLP

PTO Issues New Final Rules for PTAB Proceedings

Latham & Watkins LLP on

New rules give more options to patent owners and petitioners in pre-institution phase. On March 31, 2016, the Patent and Trademark Office (PTO) issued new final rules to govern practice before the Patent Trial and Appeal...more

Lathrop GPM

New Rules For Patent Validity Challenges: What You Need To Know

Lathrop GPM on

On March 31, 2016, the United States Patent & Trademark Office (USPTO) issued new final rules to make targeted modifications to the existing consolidated set of rules implementing provisions of the Leahy-Smith America Invents...more

Womble Bond Dickinson

USPTO to Implement Significant Rule Changes for AIA Trial Proceedings Impacting Both Petitioners and Patent Owners

Womble Bond Dickinson on

The United States Patent and Trademark Office (USPTO) has released the final set of the latest round of changes to the rules governing inter partes review, post grant review, and other AIA trial proceedings before the Patent...more

Foley & Lardner LLP

USPTO Releases New Rules For AIA Post-Grant Proceedings

Foley & Lardner LLP on

On March 31, 2016, the USPTO released its long-awaited package of rules for AIA post-grant proceedings. The final rules largely track the proposed rules (see “USPTO Proposes Extensive Changes to AIA Post-Grant Proceedings” to...more

Troutman Pepper

New Final Rules for Post-Grant Proceedings Published by USPTO on April Fools Day

Troutman Pepper on

The USPTO has gone ahead and finalized new rules for post-grant proceedings under the America Invents Act (AIA) – despite heavy criticism that the rules do little to alter the lopsided nature of these proceedings. The new...more

Knobbe Martens

The USPTO Amends AIA Trial Rules: 4 Changes That You Need To Know

Knobbe Martens on

On April 1, 2016, the U.S. Patent and Trademark Office (USPTO) issued amended final rules that govern trials under the America Invents Act (AIA), including inter partes review, post-grant review, covered business method...more

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