New AIA Review Rules Strengthen Hand Of Patent Owners

By Ryan Davis

Law360, New York (March 31, 2016, 10:35 PM ET) -- Final rules announced by the U.S. Patent and Trademark Office on Thursday allowing patent owners to present expert testimony when responding to America Invents Act review petitions provide an important new tool that could keep patents from being reviewed and will be widely used by patent owners, attorneys say.

The rules, which take effect in 30 days, include several changes to practice before the Patent Trial and Appeal Board, but the one dealing with expert declarations is the most consequential. Under the current rules, those challenging...