Patent owners can include expert testimony with a preliminary response.

The Patent Office (Office) conducted a nationwide listening tour in April and May of 2014 to gauge the effectiveness of the rules governing post-grant proceedings (inter partes reviews (IPRs), post-grant reviews (PGRs) and covered business method patent reviews (CBMs)) at the Patent Trial and Appeal Board (PTAB). In June 2014, the Office published a Federal Register Notice asking for public feedback regarding the post-grant proceedings. On May 19, 2015, the Office issued a first set of rule changes1 implementing ministerial changes. On August 20, 2015, the Office published a second set of more substantive proposed rule changes2 to address issues and public comments that were raised in response to the Federal Register Notice. The Office also discussed various other issues, but did not propose any related rule changes. The Office is currently accepting public comments on the proposed rule changes, until October 19, 2015. The proposed rules will likely take effect sometime between late 2015 and early 2016.