PTAB Publishes Consolidated Trial Practice Guide

The USPTO has published a new, consolidated edition of the Patent Trial Practice Guide (TPG) that incorporates updates released in August 2018 and July 2019 into the original August 2012 TPG. The updates in this consolidated version include:

  • Institution of trial after SAS Institute, Inc. vs. Iancu, 138 S. Ct. 1348 (2018)
  • Use of sur-replies in lieu of observations
  • How parties may contact the Board to request an initial conference call
  • Use of word counts
  • The sample scheduling order for derivation proceedings
  • The default protective order

The USPTO may further revise the TPG as it continues to review AIA trial proceedings.