"The U.S. Patent and Trademark Office (USPTO) has issued a Notice of Proposed Rulemaking (NPRM) modifying the rules of practice for inter partes reviews (IPRs) before the Patent Trial and Appeal Board (PTAB), with the stated goal being "to focus inter partes review proceedings on patent claims that have not previously been challenged in litigation or where prior litigation was resolved at an early stage.""
"The now-withdrawn NPRM also summarized the comments received on those topics in response to both the April 2023 Advance Notice of Proposed Rulemaking (ANPRM), for which Vidal received harsh criticism, and an October 2020 Request for Comments (RFC) on "Discretion To Institute Trials Before the Patent Trial and Appeal Board." According to a press release issued today by the Office, the 2024 NPRM was withdrawn "to evaluate future actions in light of the administration's current priorities.""
The USPTO issued a Notice of Proposed Rulemaking modifying rules for inter partes reviews before the PTAB to focus proceedings on patent claims not previously challenged or resolved at early litigation stages. The NPRM was issued the same day the Office withdrew a 2024 NPRM issued under former Director Kathi Vidal. The 2024 NPRM had proposed codifying changes on serial and parallel petitions, briefing rules for discretionary denials, termination and settlement agreements, and discretionary-denial factors. The withdrawal was to evaluate future actions in light of the administration's current priorities. The new NPRM emphasizes born-strong patents, quiet title, and concern that serial or parallel challenges can make strong patents unreliable. The proposal would require petitioners to file stipulations limiting certain invalidity challenges.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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