USPTO issues final rules on motions

27 September, 2024
USPTO rules on motions
Last September 17th, the United States Patent Office (USTPO) announced a final rule that will regulate the motion to amend (MTA) procedures applicable to court proceedings, specifically, in the inter partes review (IPR) and post-grant review (PGR) phases under the Leahy-Smith America Invents Act (AIA), administered by the country’s Patent Trial and Appeal Board.

The rule is intended to promote the emission of reliable and more complete patents by allowing a patent owner who files an MTA to request preliminary advice from the Board, as well as to file an additional revised MTA.

It also clarifies that a preponderance of evidence standard applies to any new ground of unpatentability brought forward by the Board, and that in exercising its discretion to grant or deny an MTA, the Board will consider all evidentiary record in the proceeding.

This final rule is the materialization of several efforts that began with the launch of the ATM Pilot Program in 2019, and will come into force next October 18, 2024.

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