What are the judicial review options for parties in AIA trial proceedings?
For parties involved in America Invents Act (AIA) trial proceedings, such as inter partes review, post-grant review, and covered business method review, the MPEP 1216 outlines the following judicial review option: “A party dissatisfied with the final written decision of the Board in an inter partes review, post-grant review, or covered business method review proceeding…
Read MoreWhat are the procedures for filing a motion in a PTAB trial proceeding?
Filing a motion in a Patent Trial and Appeal Board (PTAB) trial proceeding involves specific procedures and authorizations. According to MPEP 1002.02(j): “Authorizations to file a motion other than a petition requesting the institution of a trial. 37 CFR 41.121 and 42.20 – 42.25.” This means that parties must generally obtain authorization from the PTAB…
Read MoreWhat are the eight ways to correct or amend a patent?
According to MPEP 1400.01, there are eight ways to correct or amend a patent: Reissue Issuance of a certificate of correction Disclaimer Reexamination Supplemental examination Inter partes review Post grant review Covered business method review The MPEP states: “A patent may be corrected or amended in eight ways, namely by: (1) reissue, (2) the issuance…
Read MoreWhat authority does the Chief Administrative Patent Judge have regarding time extensions in PTAB proceedings?
The Chief Administrative Patent Judge has authority to grant time extensions in various Patent Trial and Appeal Board (PTAB) proceedings. According to MPEP 1002.02(f), this authority includes: Granting extensions of pendency for up to six months in inter partes or post-grant review proceedings Handling petitions for time extensions for seeking rehearing in ex parte appeals…
Read MoreHow can a patent owner amend claims in an inter partes review or post-grant review?
Patent owners have the opportunity to amend claims during inter partes review (IPR) or post-grant review (PGR) proceedings before the Patent Trial and Appeal Board (PTAB). According to MPEP 1002.02(j): “Motions by patent owners to amend a patent in an inter partes review or post-grant review proceeding. 37 CFR 42.121(a), 42.221(a).” The process for amending…
Read MoreWhat are the kind codes associated with AIA trials?
The America Invents Act (AIA) introduced new types of patent review proceedings, which are reflected in specific kind codes. According to MPEP 901.04(a), the following kind codes are associated with AIA trials: J: Post-Grant Review Certificate K: Inter Partes Review Certificate O: Derivation Certificate These kind codes help identify documents related to specific types of…
Read MoreWhat Kind Codes are associated with AIA trials?
The America Invents Act (AIA) introduced new types of post-grant proceedings, which are associated with specific Kind Codes. According to the MPEP, these codes are: J: Post-Grant Review Certificate K: Inter Partes Review Certificate O: Derivation Certificate These Kind Codes are used to identify documents related to the respective AIA trial proceedings. For example, a…
Read MoreWhat are the rules for additional discovery in PTAB proceedings?
Additional discovery in Patent Trial and Appeal Board (PTAB) proceedings is limited and subject to specific rules. According to MPEP 1002.02(j): “Requests for additional discovery. 37 CFR 41.150(c) and 42.51(b)(2).” This means that the PTAB has the authority to decide on requests for additional discovery. The process typically involves: Filing a motion requesting additional discovery…
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