WASHINGTON (CN) – Patent files may include patent owner statements filed in a federal court or U.S. Patent and Trademark Office proceeding, regarding the scope of any claim of the patent, according to new rules.
The rules are effective Sept. 16.
The new USPTO rules also provide for how the written statements may be considered in ex parte reexamination, inter partes review, and post grant review. The act also provides for an estoppel that may attach regarding the filing of an ex parte reexamination request subsequent to a final written decision in an inter partes review or post grant review proceeding.
This action inplements part of the Leahy-Smith America Invents Act.
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