PTAB Proposes Permanent MTA Pilot Program Rules

PTAB Proposes Permanent MTA Pilot Program Rules, PTAB Litigation Blog

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On March 4, 2024, the Patent Trial and Appeal Board (“PTAB”) of the United States Patent and Trademark Office (“USPTO”) issued a Notice of Proposed Rulemaking (“NPR”) regarding Motion To Amend (“MTA”) Practice and Procedures in Trial Proceedings under the America Invents Act (“AIA”) before the PTAB.  The USPTO proposes to revise its rules of practice to permanently incorporate the MTA Pilot Program.  This program allows for the issuance of preliminary guidance in response to an MTA and gives patent owners the option to file an additional revised MTA.  Additionally, the proposal aims to clarify that a preponderance of evidence standard applies to new grounds of unpatentability raised sua sponte by the PTAB and that the PTAB may consider all evidence in the record of a proceeding, including evidence provided by the USPTO at the PTAB’s request.  The proposed rule would amend 37 C.F.R. §§ 42.121 and 42.221.

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