USPTO Advances Rules Governing PTAB Review Practices in Various Proceedings, Improving Fairness, Transparency, and Efficiency

Excerpt:  “In light of robust, extensive feedback from a wide array of stakeholders and the Patent Trial and Appeal Board’s (PTAB) experience in implementing the America Invents Act (AIA) for over a decade, today the U.S. Patent and Trademark Office (USPTO) announced a Notice of Proposed Rulemaking (NPRM) seeking public input on proposals to codify many existing PTAB review policies and practices. These proposals would improve fairness, transparency, and efficiency in PTAB processes, further evolving and strengthening the proceedings of USPTO’s patents judicial Board. … The proposed rules would enhance and build on existing precedent and guidance regarding exercise of the Director’s discretion to determine whether to institute an AIA proceeding with regard to serial petitions, parallel petitions, and petitions implicating the same or substantially the same art or arguments previously presented to the USPTO.”