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PTO Formally Issues First Set of New Changes to PTAB Rules, Including Increased Page Limits for Petitioner Replies and Patent Owner Motions to Amend

The U.S. Patent & Trademark Office (PTO) has issued several rule amendments that it refers to as “ministerial changes” to procedures for post-grant proceedings before the Patent Trial and Appeal Board (PTAB), including Inter Partes Reviews (IPRs), Post-Grant Reviews (PGRs), and Covered Business Method Patent Reviews (CBMs). These rule changes go into effect today and increase the page limits for Patent Owner motions to amend claims and Petitioner reply briefs, and also provide for other “clarifying changes.”

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Consultation Period for Rules of Procedure for the Unified Patent Court (UPC)

Practices: Intellectual Property

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On 25 June, 2013, the Preparatory Committee for the EU Unitary Patent System published its draft Rules of Procedure for the Unified Patent Court. U.S. and international companies can now comment on the rules. Read the alert to find out how. 

The Committee is now soliciting public comment through 1 October, 2013. Comments should be submitted to the following address: secretariat@unified-patent-court.org

As we have discussed previously, the new Unitary Patent Court and its Rules of Procedure will substantially influence European patent litigation strategies for plaintiffs and defendants. Certain rules will be particularly important to U.S. and international companies. These include rules related to bifurcation, stay and injunctions, opting out of UPC jurisdiction, interplay between EPO oppositions and UPC revocation, and costs of proceedings and damages.

For questions about how the new EU System and its Rules of Procedure will impact your business or how to present comments to the Committee, please contact your usual Ropes & Gray attorney or one of the following Ropes & Gray attorneys: Anita Varma, Richard McCaulley, Christopher Harnett, Edward Kelly, Charles Larsen, and Christopher Carroll.                         



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