PTAB Publishes Update to AIA Trial Practice Guide

Written July 18, 2019

The US Patent and Trademark Office (USPTO) on July 15, 2019, published a second update to the AIA Trial Practice Guide (TPG) containing additional guidance about trial practice before the Patent Trial and Appeal Board (PTAB).

The USPTO originally published the TPG in August 2012, concurrent with the promulgation of the AIA Trial Rules. A first update to the TPG was published in August 2018. The USPTO is now providing a second update of certain sections of the TPG to provide further guidance to the public.

Among other things, the updated sections of the TPG include guidance on: factors that may be considered by the Board in determining when additional discovery will be granted; the revised claim construction standard to be used in IPR, PGR, and CBM proceedings, the submission of testimonial evidence with a patent owner preliminary response; and more.