The New Post-Issuance Procedures: The PTO's Final Rules on Discovery and Trial Practice

The PTO’s newly-issued rules governing these proceedings provide discovery and evidentiary provisions that allow parties to develop and present evidence that to date has only been available through federal court litigation.

September 14, 2012

The landscape for patent disputes is changing rapidly. The Patent and Trademark Office recently issued rules that will govern the implementation of four new procedures for challenging issued patents (84 PTCJ 653, 8/17/12). These new procedures, authorized by the 2011 Leahy-Smith America Invents Act, will substantially expand the bases upon which patents can be challenged before the PTO, and will incorporate discovery and trial practice more familiar to litigators from federal court and administrative proceedings like International Trade Commission trials.

Reproduced with permission from BNA’s Patent, Trademark & Copyright Journal, 84 PTCJ 828, 09/14/2012. Copyright 2012 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com 

The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.

Disclaimer

Christopher K. Larus

Partner

Chair, National IP and Technology Litigation Group

Related Publications

June 11, 2024
May 17, 2024
Warzone Clash: When Does a Video Game Title Cross the Line Into Trademark Infringement?
David Martinez, Navin Ramalingam - Los Angeles & San Francisco Daily Journal
March 2024
e-Commerce: Pitfalls and Protections
David Martinez, Zac Cohen - Los Angeles Lawyer
March 22, 2024
‘In re Cellect’:
Derrick Carman - New York Law Journal
March 14, 2024
How Many Cases Have You Tried to a Verdict?
Gabriel Berg, Lauren Coppola - New York Law Journal
Back to Top