PTAB Rules: Quick Fix #1

By Eugene T. Perez

The PTAB has officially changed its procedural rules pertaining to the “quick fixes” as shown on Director Michelle Lee’s blog (http://www.uspto.gov/blog/) from March earlier this year.   Specifically, for quick fix #1, patent owner motions to amend are now 25 pages in length, excluding the listing of claims (claims appendix), with the corresponding opposition by the petitioner being 25 pages. The patent owner’s reply to the petitioner’s opposition to the motion to amend went from 5 to 12 pages. 

Also, Rule 42.71(d) has changed to allow a single request for rehearing as of right.

Further, any objection to evidence under Rule 64(b)(1) must be “filed” and not merely “served” for filing of objections.

The Federal Register Notice can be found here: http://www.gpo.gov/fdsys/pkg/FR-2015-05-19/pdf/2015-12117.pdf.