How 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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