Revised USPTO Trial Practice Guide Leans Pro-Patent Owners

O'Melveny partner Brian Berliner authored this article, which discusses significant policy changes in the revised Patent Trial Practice Guide. The US Patent and Trademark Office released its updated guide in July; the changes were designed to discourage petitioners from pursuing AIA trials, as well as help patents survive trial. "These policy changes collectively reflect an unmistakable shift in favor of patent owners," Berliner wrote. "They will make institution more difficult to achieve for many petitioners and will result in either fewer institution decisions or fewer petitions filed."