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DOC/PTO | RIN: 0651-AD47 | Publication ID: Fall 2023 |
Title: Changes Under Consideration to Discretionary Institution Practices, Petition Word-Count Limits and Settlement Practices for America Invents Act Trial Proceedings Before the Patent Trial & 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 Office obtained public feedback on its discretionary practices through a Request for Comments issued October 2020. The Office further issued an Advance Notice of Proposed Rulemaking on April 21, 2023, soliciting comments regarding a range of proposals that relate to the rules and received over 14,500 comments from stakeholders in response. The proposed rule takes into account the feedback received from stakeholders. |
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Agency: Department of Commerce(DOC) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Long-Term Actions |
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 |