Looking back on the major developments that have shaped AIA proceedings over the first four years, three sources have contributed to changes: (1) rulemaking, (2) informative decisions by the PTAB, and (3) key appellate decisions of the US Supreme Court and the Court of Appeals for the Federal Circuit. While a number of improvements have been made, there is still more change to come, as the USPTO seeks to establish the right balance between petitioners and patent owners.
Concerning changes to PTAB rules, the following posts summarize the key changes:
USPTO Releases New Rules For AIA Post-Grant Proceedings
Concerning informative decisions by the PTAB, see:
What Is the Latest on Amendments in PTAB Proceedings?
Concerning the key appellate decisions, see:
Magnum Offers New Path for Challenging AIA Decisions: Burden of Production
CAFC Partially Relaxes IdleFree Requirements for Amendments During IPR
En Banc Federal Circuit To Review Standards for Amending Claims During AIA Proceedings
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
