Revised USPTO Trial Practice Guide Leans Pro-Patent Owners

By Brian Berliner (November 12, 2019, 5:00 PM EST) -- Responding to years of complaints from patent owners and other commentators that Leahy-Smith America Invents Act trials unfairly favor petitioners, U.S. Patent and Trademark Office Director Andre Iancu has now taken action to reverse that impression. In July, the USPTO released its newly revised Patent Trial Practice Guide,[1] which includes several policy changes that should help patents survive AIA trials and discourage petitioners from seeking AIA trials in the first place. 

The revised practice guide tips the scales toward patent owners and make it less attractive to litigate patent validity in AIA trials rather than in the district courts. Some of...

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