Rules of Practice To Allocate the Burden of Persuasion on Motions To Amend in Trial Proceedings Before the Patent Trial and Appeal Board

摘要

The United States Patent and Trademark Office ("USPTO" or "Office") proposes changes to the rules of practice in inter partes review ("IPR"), post-grant review ("PGR"), and the transitional program for covered business method patents ("CBM") (collectively "post-grant trial") proceedings before the Patent Trial and Appeal Board ("PTAB" or "Board") to allocate the burdens of persuasion in relation to motions to amend and the patentability of substitute claims proposed therein.