From the Federal Register, Vol. 81, No. 63 ( Fri, April 1, 2016) pp. 18750-18766:
Amendments to the Rules of Practice for Trials Before the Patent
Trial and Appeal Board
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Final rule.
SUMMARY: This final rule amends the existing consolidated set of rules
relating to the United States Patent and Trademark Office (Office or
USPTO) trial practice for inter partes review (``IPR''), post-grant
review (``PGR''), the transitional program for covered business method
patents (``CBM''), and derivation proceedings that implemented
provisions of the Leahy-Smith America Invents Act (``AIA'') providing
for trials before the Office.
DATES: Effective Date: This rule is effective May 2, 2016 and applies
to all AIA petitions filed on or after the effective date and to any
ongoing AIA preliminary proceeding or trial before the Office.
FOR FURTHER INFORMATION CONTACT: Susan L. C. Mitchell, Lead
Administrative Patent Judge, by telephone at (571) 272-9797.
SUPPLEMENTARY INFORMATION:
Executive Summary: Purpose: This final rule amends the existing
consolidated set of rules relating to the United States Patent and
Trademark Office (Office or USPTO) trial practice for IPR, PGR, CBM,
and derivation proceedings that implemented provisions of the AIA
providing for trials before the Office, by allowing new testimonial
evidence to be submitted with a patent owner's preliminary response,
adding a Rule 11-type certification for papers filed in a proceeding,
allowing a claim construction approach that emulates the approach used by a district court following Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (hereinafter ``a Phillips-type or district court-type construction approach'') for claims of patents that will expire before entry of a final written decision, and replacing the current page limit with a word count limit for major briefing.
relating to the United States Patent and Trademark Office (Office or
USPTO) trial practice for inter partes review (``IPR''), post-grant
review (``PGR''), the transitional program for covered business method
patents (``CBM''), and derivation proceedings that implemented
provisions of the Leahy-Smith America Invents Act (``AIA'') providing
for trials before the Office.
DATES: Effective Date: This rule is effective May 2, 2016 and applies
to all AIA petitions filed on or after the effective date and to any
ongoing AIA preliminary proceeding or trial before the Office.
FOR FURTHER INFORMATION CONTACT: Susan L. C. Mitchell, Lead
Administrative Patent Judge, by telephone at (571) 272-9797.
SUPPLEMENTARY INFORMATION:
Executive Summary: Purpose: This final rule amends the existing
consolidated set of rules relating to the United States Patent and
Trademark Office (Office or USPTO) trial practice for IPR, PGR, CBM,
and derivation proceedings that implemented provisions of the AIA
providing for trials before the Office, by allowing new testimonial
evidence to be submitted with a patent owner's preliminary response,
adding a Rule 11-type certification for papers filed in a proceeding,
allowing a claim construction approach that emulates the approach used by a district court following Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (hereinafter ``a Phillips-type or district court-type construction approach'') for claims of patents that will expire before entry of a final written decision, and replacing the current page limit with a word count limit for major briefing.
More information:
https://www.gpo.gov/fdsys/pkg/FR-2016-04-01/html/2016-07381.htm