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USPTO Publishes Rule Package on AIA Administrative Trials

While this is primarily a biotechnology patent law blog, the USPTO’s high level of rule making activity deserves attention, as it will affect us all after the September 16th deadline for implementing many of the new features of the AIA passes. Today, the PTO publishes over two hundred pages of regulations, guidelines and “Rules of Practice’ regarding Inter Partes Review, Post-Grant Review, the Transitional Program [to attack] Business Method Patents, Supplemental Examination (to “purge inequitable conduct”) and the new procedures by which a person having rights to the invention can file an application in lieu of the inventor(s).

Below are links to the six USPTO Federal Register Notices –

Changes to Implement Inter Partes Review Proceedings, Post-Grant Review Proceedings, etc.


Changes to Implement Inventor’s Oath or Declaration Provisions of Leahy-Smith America Invents Act


Changes to Implement Supplemental Examination Provisions of Leahy-Smith America Invents Act and Revise Reexamination Fees


Office Patent Trial Practice Guide


Rules of Practice for Trials before Patent Trial and Appeal Board and Judicial Review of Decisions


Transitional Program for Covered Business Method Patents: Definitions of Covered Business Method Patent and Technological Invention

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