Requests for comments
- Request for comments on Motions to Amend and burden allocation rules (May 23, 2023)
- Request for comments on expanding opportunities to appear before PTAB (October 18, 2022)
- Request for comments on director review, POP, and internal decision review (July 20, 2022)
- Request for comments on discretion to institute AIA trials (October 20, 2020)
- Request for comments on motion to amend practice (October 29, 2018)
Notices of proposed rulemaking
- Notice of Proposed Rulemaking on Patent Trial and Appeal Board Rules of Practice for Briefing Discretionary Denial Issues, and Rules for 325(d) Considerations, Instituting Parallel and Serial Petitions, and Termination Due to Settlement Agreement (April 19, 2024)
- Notice of Proposed Rulemaking on Rules Governing Director Review of Patent Trial and Appeal Board Decisions (April 16, 2024)
- Notice of Proposed Rulemaking on Motion to Amend Pilot Program and Rules of Practice to allocate the Burdens of Persuasion on Motions to Amend in Trial Proceedings Before the Patent Trial and Appeal Board (March 4, 2024)
- Notice of Proposed Rulemaking on Expanding Opportunities to Appear before the PTAB (February 21, 2024)
- Notice of Proposed Rulemaking on Rules Governing Pre-Issuance Circulation and Review of Decisions within PTAB (October 5, 2023)
- Advance Notice of Proposed Rulemaking for AIA Proceedings before the PTAB (April 20, 2023)
- Notice of proposed rulemaking on AIA trial institution and responsive briefing (May 27, 2020)
- Notice of proposed rulemaking on allocation of burdens for motion to amend (October 21, 2019)
Comments to proposed rules and requests for comments
- Comments on Discretion to Institute Trials Before the Patent Trial and Appeal Board published October 20, 2020 (December 14, 2020)
- Comments on proposed rules on AIA trial institution and responsive briefing (June 29, 2020)
- Comments on proposed rules to allocate the burden of persuasion on motions to amend (December. 31, 2019)
- Comments on request for comments on motion to amend practice (January 3, 2019)
- Comments on changes to the claim construction standard used in AIA trial proceedings (August 28, 2018)
Pilots
- COVID fast-track appeals pilot program (April 15, 2021)
- Fast-track appeals pilot program (July 2, 2020)
Image
- Motion to Amend Pilot Program published on March 15, 2019, has been superseded by Rules Governing Motion to Amend Practice and Procedures in Trial Proceedings under the America Invents Acts Before the PTAB (September 18, 2024).
Recent rules
- Expanding Opportunities to Appear Before the Patent Trial and Appeal Board (October 10, 2024)
- Rules Governing Director Review of Patent Trial and Appeal Board Decisions (October 1, 2024)
- Rules Governing Motion to Amend Practice and Procedures in Trial Proceedings under the America Invents Act before the PTAB (September 18, 2024)
- Rules Governing Pre-Issuance Internal Circulation and Review of Decisions Within the Patent Trial and Appeal Board (June 12, 2024)
- Claims construction final rule (October 18, 2018)
- Final Rule: PTAB Rules of Practice for Instituting on All Challenged Patent Claims and All Grounds and Eliminating the Presumption at Institution Favoring Petitioner as to Testimonial Evidence (December 9, 2020)
Image
- Final rule to allocate burdens of persuasion on motions to amend in AIA trials (December 21, 2020) has been superseded by Rules Governing Motion to Amend Practice and Procedures in Trial Proceedings under the America Invents Acts Before the PTAB (September 18, 2024).