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IP Alert: USPTO Releases Proposed Contested Case Rules and Patent Fee Schedule

February 8, 2012

The U.S. Patent and Trademark Office (USPTO) has released a large number of new proposed rules for procedures created under by the American Invents Act (AIA), including Inter Partes Review, Post-Grant Review, the transitional program for covered business methods, and derivation proceedings. The proposed rules, divided into seven separate packages and published by the USPTO on its AIA Implementation website yesterday, are not the official Federal Register documents; those are slated to be posted on February 9 and 10, 2012. Once they are officially published, the 60-day public comment period for the proposed rules will commence.

The USPTO also published its proposed patent fee schedule yesterday, reflecting the changes in fees the agency plans to implement. The Patent Public Advisory Committee will be holding two public hearings regarding the proposed fees on February 15 at the USPTO Alexandria, Virginia, campus and on February 23 in Sunnyvale, California. The public is invited to participate at these hearings by giving oral testimony or submitting written comments.

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