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
-
AIPLA 2025 Annual Meeting
October 30 to November 1, 2025
Join us as we bring IP professionals together to learn and connect. More information coming soon! The 2025 Annual meeting will take place at the Westin Washington, DC, Downtown. Leadership Meetings on Wednesday, October 29. Programming scheduled October 30 - November 1. -
2026 Spring Meeting - San Francisco, CA
May 13 to 15, 2026
We’re excited to welcome you to the 2026 AIPLA Spring Meeting, where innovation, technology, and intellectual property come together to shape the future. San Francisco is ready for your ideas, energy, and passion for IP! -
AIPLA 2026 Annual Meeting
October 29 to 31, 2026
Join us as we bring IP professionals together to learn and connect. More information coming soon! The 2026 Annual meeting will take place at the Westin Washington, DC, Downtown. Leadership Meetings on Wednesday, October 28. Programming scheduled October 29 - 31.