By: lesliedware | August 19, 2015

The PTAB recently released the second round of proposed changes to the AIA. Below is a segment of the USPTO's statement regarding the changes and a link to the article:

"In particular, the package of changes: 

• Proposes to allow patent owners to include, with their opposition to a petition to institute a proceeding, new testimonial evidence such as expert declaration. This change responds to commentary raising concerns that patent owners are disadvantaged by current rules that let petitioners’ evidence go unanswered before a trial is instituted. 
• Proposes a new requirement on practitioners before the PTAB, akin to the Rule 11 requirements in federal courts, to give the USPTO a more robust means with which to police misconduct. 
• Proposes to clarify that the PTAB will use the claim construction standard used by district courts for patents that will expire during proceedings and therefore cannot be amended, while confirming the use of broadest reasonable interpretation (BRI) for all other cases. 
• Notes the PTAB’s development of motions-to-amend practice through its own body of decisions, including a recent decision that clarified what prior art a patent owner must address to meet its burden of proof. "

Read the full article by the Director of the USPTO here.

-Les Ware

Category: Patents 

Tags: PTAB 


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