PTO Open to Further Patent Appeal Board Rule Changes, Director Says

The Patent and Trademark Office remains “open to making whatever changes are necessary to ensure the [Patent Trial and Appeal Board (PTAB)] trials are as effective and as fair as possible, provided those changes fall within our congressional mandate,” said PTO Director Michelle Lee during a Federal Circuit Judicial Conference event Monday. PTO issued revised PTAB rules earlier this month (see 1604010064) after voluntarily using a rulemaking process that included public comment, Lee said in prepared remarks. “The process we followed here is an excellent example of how we are never satisfied with the status quo, we are always looking for ways to improve, and we listen carefully to public input.” The revised rules allow PTAB to continue using a strict standard for re-examining most patents. Other revisions included allowing patent owners to file new evidence in opposition to a challenge and a rule requiring petitioning parties to prove they are not trying to abuse the PTAB system.