PTAB Practice Guide Changes Will Aid Patent Owners

By Ryan Davis (August 14, 2018, 8:50 PM EDT) -- Patent owners will have a better opportunity to make their arguments in America Invents Act reviews under new changes to the Patent Trial and Appeal Board's Trial Practice Guide, a move attorneys say seems to be a response to criticism that the reviews are slanted against patentees.

The U.S. Patent and Trademark Office unveiled an update to the guide on Friday, which stated for the first time that patent owners will be able to file a "sur-reply" brief as a matter of right, without seeking the PTAB's permission.

In practice, that will provide patent owners with a more robust opportunity to...

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