[Federal Register Volume 83, Number 156 (Monday, August 13, 2018)]
[Notices]
[Page 39989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17315]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO-P-2018-0050]
Office Patent Trial Practice Guide, August 2018 Update
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
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SUMMARY: The United States Patent and Trademark Office (``Office'')
issued an update to the Office Patent Trial Practice Guide (``TPG'') in
August 2018 to provide updated guidance to the public on standard
practices before the Patent Trial and Appeal Board (``Board'') in the
post-grant trial procedures implemented following the Leahy-Smith
America Invents Act (``AIA''). The Office publishes the TPG to provide
practitioners with guidance on typical procedures and times for taking
action in AIA trials, as well as to ensure consistency of procedure
among panels of the Board.
FOR FURTHER INFORMATION CONTACT: Michael Tierney and William Fink, Vice
Chief Administrative Patent Judges, by telephone at (571) 272-9797.
SUPPLEMENTARY INFORMATION: The Office issued an update to the TPG in
August 2018, to update the guidance set forth in the TPG by
incorporating the Board's current practices and provide further
explanation of certain aspects of the Board's practices to the public.
The TPG is divided into sections, each directed to a particular stage
of a typical AIA trial proceeding or a specific issue commonly
encountered during such proceedings. As such, the TPG contains
informative material and outlines the current procedures that panels of
the Board typically follow in appropriate cases in the normal course of
an AIA trial proceeding. In order to expedite these updates and provide
guidance to the public as quickly as possible, the Office has chosen to
issue updates to the Practice Guide on a section-by-section, rolling
basis, rather than a single, omnibus update addressing all aspects of
the current Practice Guide. The Office anticipates releasing further
revisions to the remaining sections of the TPG on a periodic basis, to
take into account feedback received from stakeholders, changes in
controlling precedent or applicable regulations, or the further
refinement of the Board's practices over time.
The August 2018 update revises Sections I.G. (Expert Testimony),
II.A.3. (Word Count and Page Limits), II.D.2. (Considerations in
Instituting a Review), II.I. (Reply to Patent Owner Response and Reply
for a Motion to Amend; Sur-Replies), II.K. (Challenging Admissibility;
Motions to Exclude; Motions to Strike), II.M. (Oral Hearing), and
Appendix A (Sample Scheduling Order).
The August 2018 update of the TPG, containing only the revised
sections, may be viewed or downloaded free of charge from the USPTO
website at https://go.usa.gov/xU7GP. The full version of the August
2012 TPG continues to be available for reference on the USPTO website
at https://go.usa.gov/xU7GK.
Dated: August 8, 2018.
Andrei Iancu,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2018-17315 Filed 8-10-18; 8:45 am]
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