Patent and Trademark Office March 15, 2019 – Federal Register Recent Federal Regulation Documents

Notice Regarding a New Pilot Program Concerning Motion To Amend Practice and Procedures in Trial Proceedings Under the America Invents Act Before the Patent Trial and Appeal Board
Document Number: 2019-04897
Type: Notice
Date: 2019-03-15
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'' or ``Office'') provides notice of a pilot program for motion to amend (``MTA'') practice and procedures in trial proceedings under the America Invents Act (``AIA'') before the Patent Trial and Appeal Board (``PTAB'' or ``Board''). In particular, a patent owner who files an MTA will have the ability to choose how that motion will proceed before the Board, including whether to request preliminary guidance from the Board on the MTA and whether to file a revised MTA. The Office previously published a notice requesting comments on proposed modifications to the current MTA practice and procedures. The Office has considered those comments and greatly appreciates the feedback. In view of the comments received, the Office has modified its prior proposal in certain respects as reflected in this notice, and will implement the MTA pilot program presented in this notice.