AIPLA Comments to USPTO on Rules of Practice To Allocate the Burden of Persuasion on Motions To Amend in Trial Proceedings Before the Patent Trial and Appeal Board
December 23, 2019
AIPLA appreciates the Office’s efforts to improve AIA trial proceedings, which have become pervasive since their initial implementation in September 2012.
On several prior occasions, AIPLA has expressed its concerns with the existing motions to amend practice and procedure, and especially appreciates the Office’s attempt to improve this practice and make motions to amend, as contemplated by the statute, a viable option as part of a trial proceeding.
AIPLA generally supports the proposed rulemaking that is subject of this comment.
Consistent with the December 20, 2018 comments, AIPLA is pleased that the Office has followed notice and comment rulemaking to allocate the burden of persuasion regarding the patentability of proposed substitute claims in a motion to amend.
We address some issues with the proposed rules in the comments that follow.
Upcoming Events
-
2025 Leadership Forum
January 29 to 30, 2025
AIPLA Leadership Forum – Elevate Yourself, Inspire the Future. This invitation-only two-day program will address building strong leadership skills for all levels of experience. See the program page for important event details. -
2025 Patent Prosecution Boot Camp - Arlington, VA
March 5 to 7, 2025
Register today and don't miss out! The 2025 Patent Prosecution Boot Camp is a comprehensive, CLE-accredited seminar that includes instructional lecture-style sessions with practical tips on U.S. and international patent preparation and prosecution, as well as hands-on interactive workshops that will walk you through drafting claims and responding to office actions. REGISTRATION IS NOW OPEN! -
2025 Trade Secret Summit
March 27 to 28, 2025
Registration is now open! The AIPLA Trade Secret Summit is the leading trade secret conference in the nation, with speakers from across the spectrum of private practitioners, in-house counsel, government, and academia, as well as fantastic networking opportunities. CLE credits will be available. REGISTRATION IS NOW OPEN! -
2025 AIPLA Spring Meeting
May 13 to 15, 2025
Save the Date! The 2025 Spring Meeting is a 2.5 day conference focused on trending topics in IP law. Registration opens February 2025.