USPTO Issues Final Rule of Changes to Implement Technical Corrections to AIA Inter Partes Review | Practical Law

USPTO Issues Final Rule of Changes to Implement Technical Corrections to AIA Inter Partes Review | Practical Law

The United States Patent and Trademark Office has issued a final rule revising the rules of practice to implement the changes to the inter partes review process under the Leahy-Smith America Invents Act.

USPTO Issues Final Rule of Changes to Implement Technical Corrections to AIA Inter Partes Review

by PLC Intellectual Property & Technology
Published on 22 Mar 2013 • USA (National/Federal)
The United States Patent and Trademark Office has issued a final rule revising the rules of practice to implement the changes to the inter partes review process under the Leahy-Smith America Invents Act.
On March 22, 2013, the USPTO issued a final rule revising the Rules of Practice for Trials before the Patent Trial and Appeal Board and Judicial Review of Patent Trial and Appeal Board Decisions, 77 FR 48612 (Aug. 14, 2012) to implement the changes to inter partes review to correct and improve certain provisions of the Leahy-Smith America Invents Act and AIA Technical Corrections Act. Notable aspects of the final rule include its:
  • Elimination of the nine-month "dead-zone" for filing an inter partes review petition challenging a first-to-invent patent or reissue patent.
  • Clarification that first-to-invent patents and reissue patents are eligible for inter partes review immediately upon issuance.
The rule will be effective on March 25, 2013.