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Proposed Rule2025-195872025-10-17

Patent Trial and Appeal Board Rules of Practice for Briefing Discretionary Denial Issues, and Rules for 325(d) Considerations, Instituting Parallel and Serial Petitions, and Termination Due to Settlement Agreement

Commerce Department, Patent and Trademark Office

Abstract

The United States Patent and Trademark Office (USPTO or Office) is withdrawing the Notice of Proposed Rulemaking (NPRM) published in the Federal Register on April 19, 2024, to revise the rules of practice for inter partes review (IPR) and post-grant review (PGR) proceedings before the Patent Trial and Appeal Board (PTAB) that the Director and, by delegation, the PTAB use in exercising discretion to institute IPRs and PGRs.

Action & Dates

Action
Proposed rule; withdrawal.
Dates
The proposed rule published in the Federal Register at 89 FR 28693 on April 19, 2024, is withdrawn as of October 17, 2025.

CFR References

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Commerce Patent and Trademark Office 37 CFR Part 42 [Docket No. PTO-P-2023-0048] RIN 0651-AD72 ( printed page 48342) AGENCY: United States Patent and Trademark Office, Department of Commerce. ACTION: Proposed rule; withdrawal. SUMMARY: The United States Patent and Trademark Office (USPTO or Office) is withdrawing the Notice of Proposed Rulemaking (NPRM) published in the Federal Register on April 19, 2024, to revise the rules of practice for inter partes review (IPR) and post-grant review (PGR) proceedings before the Patent Trial and Appeal Board (PTAB) that the Director and, by delegation, the PTAB use in exercising discretion to institute IPRs and PGRs. DATES: The proposed rule published in the Federal Register at 89 FR 28693 on April 19, 2024, is withdrawn as of October 17, 2025. FOR FURTHER INFORMATION CONTACT: Michelle Ankenbrand, Acting Vice Chief Administrative Patent Judge, at 571-272-9797. SUPPLEMENTARY INFORMATION: This Action withdraws a proposed rule published in the Federal Register on April 19, 2024 ( 89 FR 28693 ), to revise the rules of practice for IPR and PGR proceedings before the PTAB that the Director and, by delegation, the PTAB use in exercising discretion to institute IPRs and PGRs. The proposed rule modified and built on existing PTAB precedent and guidance concerning serial petitions, parallel petitions, and petitions implicating the same or substantially the same art or arguments previously presented to the Office. The proposed rule als

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Related Documents

Other Federal Register documents from the same docket.

Full Document

Citation: 90 FR 48342