USPTO News

• On May 23, the USPTO announced a request for comments seeking public input on whether to make permanent or modify the PTAB’s Motion to Amend (MTA) Pilot Program. The USPTO is also seeking related input on the rules of practice to allocate the burden of persuasion on motions to amend. Written comments are due by July 24, 2023. 
• On May 10, Director Kathi Vidal delivered remarks at the American Intellectual Property Law Association (AIPLA) Spring Meeting.
• This month the USPTO published remarks (previously delivered in March) by Deputy Director Derrick Brent at the Los Angeles Intellectual Property Lawyers Association.
• The USPTO is seeking nominations for its Patent and Trademark Public Advisory Committees. Three-year terms for new members will start on December 1, 2023. Nominations are due by July 3, 2023. 
• The USPTO is seeking volunteers to provide feedback on the USPTO website as part of an effort to improve customer experience. 

Notices, Guidance, and Requests

• Expansion and Extension of the Climate Change Mitigation Pilot Program, 88 Fed. Reg. 35841 (June 1, 2023) [Expanding the USPTO’s Climate Change Mitigation Pilot Program to include more technologies, and extending the program until the earlier of June 7, 2027, or the date when 4,000 applications have been granted special status under the program. See news brief here.] 
• Proposed Track Three Pilot Program with a Pre-Examination Search Option, 88 Fed. Reg. 34136 (May 26, 2023) (Written comments due by July 25, 2023) [Requesting comments on a Track Three Pilot program that would permit micro entity applicants to delay payment of search and examination fees for 30 months from the earliest claimed filing date and to obtain a pre-examination search report prior to payment of the examination fee]
• Future Strategies in Anticounterfeiting and Antipiracy, 88 Fed. Reg. 33872 (May 25, 2023) (Comments due by August 23, 2023) [Requesting information on current anticounterfeiting and antipiracy strategies that have proven effective, as well as ideas for future strategies]
• Expanding Admission Criteria for Registration to Practice in Patent Cases, 88 Fed. Reg. 31249 (May 16, 2023) [Announcing that the USPTO is updating the admission criteria of the patent bar in light of the favorable comments it received on the proposed updates] 

Final Rules

• Adoption of Updated World Intellectual Property Organization Standard; Revision to Incorporation by Reference, 88 Fed. Reg. 34089 (May 26, 2023) [Adopting the recently revised World Intellectual Property Organization (WIPO) Standard ST.26, version 1.6, for incorporation by reference into its regulations addressing application disclosures containing nucleotide and/or amino acid sequences]

Interim Rules

• There are no new interim rules.

Proposed Rules

• Changes to the Representation of Others in Design Patent Matters, 88 Fed. Reg. 31209 (May 16, 2023) (Written comments due August 14, 2023) [Proposing to amend the rules of practice to create a separate design patent practice bar]

PTAB Decisions

• New Precedential PTAB Decisions
  • There are no new precedential PTAB decisions.
• New Informative PTAB Decisions
  • There are no new informative PTAB decisions.

New Requests for POP Review

• CrowdStrike, Inc. v. Webroot, Inc. et al. (IPR2023-00126 and IPR2022-01522) [Patent Owner requesting POP review of Institution Decisions, presenting the question of “whether the Board should weigh the complexity of consolidated district court litigation proceedings as a factor in its analysis of discretionary denial under 35 U.S.C. § 314(a)”] 
• Facebook, Inc. v. Express Mobile, Inc. (IPR2021-01457) [Patent Owner requesting POP review of Final Written Decision, presenting the questions of “Whether a genuine dispute regarding the scope of a claim term in the context of an obviousness ground must be resolved before the final written decision of the Board can resolve the obviousness question,” and “whether four or more references can be combined to create an obviousness rejection where those references contain multiple contrary teachings that are neither filed by the petitioner with the Board nor addressed by the final written decision”]