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DOC/PTO | RIN: 0651-AD47 | Publication ID: Fall 2022 |
Title: Changes To Institution and Settlement Practices for Trial Proceedings Before the Patent Trial and Appeal Board | |
Abstract:
The United States Patent and Trademark Office (USPTO or Office) would amend the existing consolidated set of rules relating to the USPTO trial practice for inter partes review (IPR), post-grant review (PGR), the transitional program for covered business method patents (CBM), and derivation proceedings that implemented provisions of the Leahy-Smith America Invents Act (AIA) providing for trials before the Office. The amendment would, among things, modify and clarify the factors applied by the Board when determining whether to exercise the Director’s discretion to deny petitions and clarify that pre-institution settlement agreements must be filed with the Board. |
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Agency: Department of Commerce(DOC) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Prerule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 37 CFR 42 | |
Legal Authority: 35 U.S.C. 2(b)(2) 35 U.S.C. 6 35 U.S.C. 21 35 U.S.C. 23 35 U.S.C. 41 35 U.S.C. 135 35 U.S.C. 311 to 316 35 U.S.C. 321 to 326 Pub. L. 112-29 Pub. L. 112-274 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Federalism: No | |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Michael Tierney Vice Chief Administrative Patent Judge Department of Commerce Patent and Trademark Office 600 Dulany Street, P.O. Box 1450, Alexandria, VA 22313-1450 Phone:571 272-9797 Fax:571 273-0053 Email: michael.tierney@uspto.gov |