The United States Patent and Trademark Office (USPTO) has published a notice of information regarding existing office practice available to a patent owner during the pendency of a trial proceeding under the America Invents Act (AIA), pertaining to reissue and reexamination procedures available for amending claims involved in the trial.
This notice provides a summary of current practice regarding reissue and reexamination options in which patent owners may amend claims before and after the Patent Trial and Appeal Board (PTAB) issues a final written decision in an AIA trial proceeding. This notice also provides summary information about factors the USPTO currently considers when determining whether to stay or suspend a reissue proceeding, or stay a reexamination, that involves a patent involved in an AIA proceeding, and also when and whether to lift such a stay or suspension.
The full text of the notice is published in the Federal Register.
On October 29, 2018, the USPTO published a notice requesting comments on proposed modifications to current motion to amend practice and procedures in AIA trial proceedings. In response to that notice, the USPTO received a number of comments and questions requesting clarification regarding existing reissue and reexamination procedures at the USPTO. The USPTO carefully considered those comments and questions and issued this notice of information in response.