Reminder: Request for comments regarding Motion to Amend Pilot Program and related rules before the PTAB closes July 24

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Patent Trial and Appeal Board

Reminder: Request for comments regarding Motion to Amend Pilot Program and related rules before the PTAB closes July 24

On May 23, the United States Patent and Trademark Office (USPTO) published a request for comments (RFC) in the Federal Register seeking public input on the Motion to Amend (MTA) Pilot Program and the rules of practice to allocate the burden of persuasion on motions to amend in trial proceedings before the Patent Trial and Appeal Board (PTAB) (MTA burden-allocation rules). The deadline to comment is July 24.

The USPTO will use the comments submitted to determine whether the MTA Pilot Program procedures should be made permanent and, if so, whether any modifications would be beneficial. We will also use the comments to gather input on the MTA burden-allocation rules and whether the PTAB should have broader authority to raise sua sponte grounds in the MTA process.

The USPTO hosted a Boardside Chat webinar which discussed the MTA pilot program and the RFC. Slides from that webinar presentation can be found on that Boardside Chat’s event page.

All comments must be submitted in writing through the Federal eRulemaking Portal by July 24.

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