USPTO seeks public input on possible rulemaking related to AIA trials

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USPTO seeks public input on possible rulemaking related to AIA trials

The United States Patent and Trademark Office (USPTO) today published a Request for Comments (RFC) about considerations for instituting trials under the Leahy-Smith America Invents Act (AIA). This RFC is available in the reading room of the Federal Register. 

The USPTO seeks to gather public comment on possible rulemaking with respect to the institution of AIA trials in light of various precedential opinions and the Patent Trial and Appeal Board's Trial Practice Guide, as well as other approaches suggested by some stakeholders. In particular, the RFC asks about how to exercise discretion to institute AIA trials in situations involving serial petitions, parallel petitions, and proceedings in other tribunals relating to the same patent. The USPTO invites the public to provide input on these questions, along with other suggestions regarding the office’s approach to exercising discretion. 

In seeking public input, and consistent with congressional intent, the USPTO continues to pursue a careful balance for AIA proceedings to be faster and more cost effective than district court litigation and appropriately restrained to prevent abuses and harassment of patent owners for continued investment in innovation. 

Public input is requested on or before November 18, 2020.

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