Pilot Program Seeks to Convey AIA Trial Art & Arguments to Examiners
At yesterday’s Patent Public Advisory Committee (PPAC) meeting, USPTO Assistant Deputy Commissioner for Patent Operations Jack Harvey explained a new pilot program to be launched in the spring of 2016. The Pilot seeks to establish a “bridge between the Patent Trial & Appeal Board (PTAB) and patent examiners” examining patent applications relating to an ongoing AIA trial proceeding.
The goals of the program are to ensure that examiners are: (1) aware of the ongoing AIA trial proceedings and consider the records during examination; (2) study the results of these proceedings; and (3) adapt examination practices based on the PTAB feedback. It was explained during the PPAC meeting that of the publication-based prior art submitted in AIA trial requests only 25% was found of record in co-pending patent applications, 50% for patent-based prior art. Once the information is conveyed to the examiners (via an electronic dossier), it may be made of record as appropriate.