In For a Penny – Are Fee Increases Reducing the Number of Ex Parte Reexamination Filings?

By Ben Snitkoff In September of 2012, the old inter partes reexamination system gave way to the new inter partes review proceedings. The America Invents Act (AIA) gave the US Patent Office authority to set the fees for IPR proceedings at level reasonable related to the anticipated costs of these new, more robust, proceedings. Not … Continue reading In For a Penny – Are Fee Increases Reducing the Number of Ex Parte Reexamination Filings?

Chief Judge James Smith Comments on PTAB’s Docket

 By Tom Engellenner August was another busy month for the USPTO’s Patent Trial and Appeal Board with nearly seventy new petitions filed challenging issued patents. Last week at ceremonies in Washington, D.C. commemorating the second anniversary of the America Invents Act (AIA), Chief Administrative Patent Judge James Smith of the PTAB noted that over 500 … Continue reading Chief Judge James Smith Comments on PTAB’s Docket

Too Many Cooks in the Kitchen? – PTAB Puts Parallel Reviews By Central Reexam Unit on Hold

By Ben Snitkoff The regulations implementing Inter Partes Review (“IPR”), as well as Post-Grant Review (“PGR”), allow the Patent Trial and Appeal Board (“Board”) to join or stay certain proceedings by motion or sua sponte. See 37 C.F.R. § 42.122 (IPR), and 37 C.F.R. § 42.222 (PGR). This provision seems to make a good deal … Continue reading Too Many Cooks in the Kitchen? – PTAB Puts Parallel Reviews By Central Reexam Unit on Hold

Beware Of PTAB Rules Against Lengthy Submissions

By Anthony Pisano The USPTO’s final rules for petitions and motion practice impose limits on page lengths of various submissions in post grant proceedings under the America Invents Act (AIA). These rules are set forth in 37 C.F.R. 42.20 – 42.25. Perhaps most notable is the 60 page limit for petitions to initiate inter partes … Continue reading Beware Of PTAB Rules Against Lengthy Submissions