Post Grant Timeline Released by USPTO
While the USPTO will publish the last of the Post Grant related rule packages today, the Federal Register notices yesterday provided the rules of practice before of the new Patent Trial & Appeal Board (PTAB).
Practice Guide For Proposed Trial Rules (here)
Rules of Practice for Trials Before the Patent Trial & Appeal Board and Judicial Review of Patent Trail and Appeal Board Decisions (here)
The USPTO provided the graphical illustration of the IPR/PGR timeline reproduced below:
As illustrated in the timeline, a maximum of 12 months is allocated for an IPR/PGR proceeding. Of course, the 12 month timeline may be extended 6 months if the USPTO can show cause. Oddly, the Patent Owner is expected to submit amendments prior to the close of discovery. So, for example, if the Patent Owner is seeking discovery as to secondary indicia of non-obviousness to avoid amendment, by the time that evidence is secured (or not) the opportunity to amend the claims may be lost as a matter of right.
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