The public comment period for the “umbrella rule set” proposed by the USPTO to implement the patent trial proceedings of the America Invents Act (AIA) closed this past Monday (April 9th). Under the AIA, the Patent Trial & Appeal Board will conduct validity trials beginning September 16, 2012. The trials may be conducted as part of an Inter Partes Review (IPR) proceeding, or Transitional Program For Covered Business Method Patents (TPCBMP). Pure Post Grant Review (PGR) challenges, which are only available for patents issuing from applications filed on or after March 16, 2013, will occur once these applications begin to issue as patents some years thereafter. Comments on the specific rule packages (IPR, PGR, TPCBMP) were due to the office on Tuesday (April 10th).
As with the initial request for comments on implementation, the AIPLA and IPO have joined forces with the ABA to submit a single comment.
ABA/AIPLA/IPO comments (here)
One of the more interesting positions of the joint comments question Read the rest of this entry »