If you were unable to join us in person at IPWatchdog Studios for PTAB Masters™ 2024, a part of the IPWatchdog Masters™ series, register now to watch the broadcast of the Revamping the PTAB: A Review of Pending Legislation and Proposed Rules panel. This panel was recorded on January 29, 2024.

The regulatory framework for the inter partes review (IPR) process has long been the subject of criticism from both patent owners and petitioners. There is a growing consensus that the existing rules need to be revised to address loopholes and unintended consequences that have developed over the 10 years the America Invents Act (AIA) has been in effect. To that end, both the U.S. Patent and Trademark Office (USPTO) and Congress have embarked upon separate paths to reform the Patent Trial and Appeal Board (PTAB) and its handling of IPRs. This panel will discuss proposed USPTO rulemaking and the currently pending PREVAIL Act.

Materials

Pre-Issuance Internal Circulation and Review of Decisions within the Patent Trial and Appeal Board, 69578–69583 [2023–22218] [TEXT] [PDF] (06Oct2023)

Senate IP Subcommittee Mulls PREVAIL Act Proposals for PTAB Reform

Understanding the Differences Between the USPTO’s ANPRM and the PREVAIL Act

PREVAIL Act Would Overhaul PTAB Practice

House IP Subcommittee Suggests Vidal is Overstepping with Advance PTAB Proposals

PTAB Rule Ideas – The Good, The Bad, & The Ugly

The Year Ahead: Where Do We Stand on the USPTO’s ANPRM and the PREVAIL Act?