Data / Federal rules / 2024-08362
Patent Trial and Appeal Board Rules of Practice for Briefing Discretionary Denial Issues, and Rules for 325(d) Considerations, Instituting Parallel and Serial Petitions, and Termination Due to Settlement Agreement
The Patent and Trademark Office published this proposed rule in the Federal Register on April 19, 2024. Comments closed on June 18, 2024.
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What the agency says
The United States Patent and Trademark Office (USPTO or Office) proposes modifications to the rules of practice for inter partes review (IPR) and post-grant review (PGR) proceedings before the Patent Trial and Appeal Board (PTAB or Board) that the Director and, by delegation, the PTAB will use in exercising discretion to institute IPRs and PGRs. The Office proposes these provisions in light of stakeholder feedback received in response to an October 2020 Request for Comments (RFC) and an April 2023 Advance Notice of Proposed Rulemaking (ANPRM). The proposals enhance and build on existing precedent and guidance regarding the exercise of the Director's discretion pursuant to the America Invents Act (AIA) to determine whether to institute an IPR or PGR proceeding with regard to serial petitions, parallel petitions, and petitions implicating the same or substantially the same art or arguments previously presented to the Office. The proposed rules also provide a separate briefing process for discretionary institution arguments and align the procedures for termination of proceedings pre- and post- institution.
Key facts
- Document number
- 2024-08362
- Type
- Proposed rule
- Action
- Notice of proposed rulemaking
- Agency
- Commerce Department; Patent and Trademark Office
- Published
- April 19, 2024
- Comments due
- June 18, 2024
- Dates
- Comments must be received by June 18, 2024 to ensure consideration.
- Docket
- Docket No. PTO-P-2023-0048
- Regulation ID (RIN)
- 0651-AD72
- Code of Federal Regulations
- 37 CFR 42
- Topics
- Administrative practice and procedure; Inventions and patents; Lawyers
- Pages
- 14
Other documents from the Patent and Trademark Office
Everything from the Patent and Trademark Office · Rules on administrative practice and procedure · Rules on inventions and patents · Rules on lawyers · Published in April 2024
Read from the Federal Register API, last updated 2026-10-23. The document on federalregister.gov is the official record; dates and dockets can change through later corrections. Free to reuse with credit to SpecStream under CC BY 4.0.