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The US Patent and Trademark Office on April 22, 2019, issued a notice of information concerning existing office practice available to a patent owner during the pendency of a trial proceeding under the America Invents Act (AIA); specifically pertaining to the reissue and reexamination procedures available for amending claims involved in the trial. 84 Fed. Reg. 16654.

The Federal Register notice provides a summary of current practice regarding reissue and reexamination options in which patent owners may amend claims before and after the PTAB issues a final written decision in an AIA trial proceeding.

The notice also provides summary information about factors the PTO considers when determining whether to stay or suspend a reissue proceeding, or stay a reexamination, that involves a patent involved in an AIA proceeding, and also when and whether to lift such a stay or suspension.