5 Game Changers In USPTO’s New Trial Guide

Law360 (August 21, 2018, 1:21 PM EDT) -- On Aug. 10, 2018, the U.S. Patent and Trademark Office issued its first major update[1] of the "Office Patent Trial Practice Guide" since its publication in August 2012. The guide establishes standard practices and procedures for trials before the Patent Trial and Appeal Board, including inter partes review, covered business method review, post-grant review and derivation proceedings. The following nonexhaustive list captures five game-changing updates that are sure to have a significant, wide-reaching impact on strategies for parties and practitioners appearing before the board.

Surreplies

Among the most significant changes of all is the introduction of a sur-reply to the prior...

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