Thursday, August 16, 2012

Office Patent Trial Practice Guide

On August 14, 2012, the Office Patent Trial Practice Guide was published by the U.S. Patent and Trademark Office. The Leahy-Smith America Invents Act (AIA) establishes several new trial proceedings to be conducted by the Patent Trial and Appeal Board (Board) including inter partes review, post-grant review, the transitional program for covered business method patents, and derivation proceedings.

The guide can be found here:
http://www.uspto.gov/aia_implementation/trial_practice_guide.pdf

The practice guide applies to inter partes review, post-grant review, and covered business method patent review proceedings commencing on or after September 16, 2012, as well as derivation proceedings commencing on or after March 16, 2013

Rules are provided for motions to seal, procedures for filing supplemental information, standards and procedures for discovery, sanctions for improper use of the proceeding, entry of protective orders, and oral hearings.

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