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USPTO Prepares Final Patent Trial Rules
Posted On: Apr. 23, 2012
By: Scott A. McKeown
Numerous Comments Received in Response to Rule Making Effort
With the window for submitting comments on the USPTO post grant rule sets now closed, the agency has published the complete public comment set.
With respect to the post grant rule sets, a total of 251 comments were received. Data from the USPTO America Invents Act (AIA) micosite break down the submissions as follows:
| AIA Provision | Comment Period End |
Comments Received |
|---|---|---|
| Inter Partes Review | April 10, 2012 | 49 |
| Post-grant Review | April 10, 2012 | 48 |
| Derivation | April 10, 2012 | 19 |
| Covered Business Method Review | April 10, 2012 | 19 |
| Technological Invention Definition | April 10, 2012 | 28 |
| Umbrella Rules | April 9, 2012 | 66 |
| Trial Practice Guide | April 9, 2012 | |
| Total | — | 251 |
Not surprisingly, the vast majority of comments appear directed to:
1. Page Limits (and here)
2. Fee Structure
3. Patentee Estoppel
4. Supplemental Information
Final Rules are expected to issue in the August time frame (setting an internal deadline of August 16, 2012). The Office has also publicly stated that comments may be solicited in the Fall on possible further refinements.
