• Petition and Motion Practice Before the Patent Trial and Appeal Board
  • October 7, 2014 | Authors: Glen C. Cheng; David B. Cochran; Matthew W. Johnson; Lynda Q. Nguyen
  • Law Firms: Jones Day - New York Office ; Jones Day - Cleveland Office ; Jones Day - Pittsburgh Office ; Jones Day - New York Office
  • The Leahy-Smith America Invents Act ushered in a new era of administrative trials before the Patent Trial and Appeal Board (the "Board") in connection with inter partes review ("IPR"), postgrant review, the transitional program for covered business method patents, and derivation proceedings. Following enactment came the Board's Final Rules of Practice (the "Rules"), a consolidated set of rules governing trial practice for these proceedings. This Commentary provides an overview of petition and motion practice before the Board. While other articles and Commentaries in this series have focused on specific petitions or motions and relevant Board decisions, here, we discuss rules specifically addressing exemplary petitions and motions, rules of practice governing petition and motion practice, formal filing requirements (e.g., notice, prior authorization, and timing), and practice tips.