• PTO Proposes Rules for New Post Grant Proceedings
  • February 10, 2012 | Authors: Charles W. Calkins; Wendy A. Choi; Paul C. Haughey; Wab P. Kadaba; Michael S. Pavento
  • Law Firms: Kilpatrick Townsend & Stockton LLP - Winston-Salem Office ; Kilpatrick Townsend & Stockton LLP - Atlanta Office ; Kilpatrick Townsend & Stockton LLP - San Francisco Office ; Kilpatrick Townsend & Stockton LLP - Atlanta Office
  • The United States Patent and Trademark Office (PTO) published three Notices of Proposed Rulemaking regarding the implementation of the inter partes review (IPR) (Changes to Implement Inter Partes Review Proceedings), post grant review (PGR) (Changes to Implement Post-Grant Review Proceedings), and the transitional program for covered business methods (Changes to Implement Transitional Program for Covered Business Method Patents) of the Leahy-Smith America Invents Act (AIA), passed in September 2011. We will be providing comprehensive analyses of each of the proposed rules in the coming days.

    The PTO will accept public comments until April 10, 2012. Undoubtedly, the sweeping patent reform will have an impact on most users of the patent system. As one of these users, we invite you to submit comments regarding the proposed rules to us for submission to the PTO. Please send your comments to [email protected].

    To help further flesh out what the proposed rules mean for patent holders and challengers, we will be scheduling a special IP Innovations teleconference to discuss the proposed rules and solicit your comments for submission to the PTO. Stay tuned for more.